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Supreme Court Allows Appeal of Subsequent Purchasers in Specific Performance Suit — Agreement for Sale Held Sham and Not Intended to Be Acted Upon. Evidence Act Sections 91 and 92 Do Not Bar Proof of Sham Transaction; Subsequent Purchasers Are Bona Fide Purchasers Without Notice.

The appeal arose from a suit for specific performance of an agreement for sale dated 7th December 1981 executed by the first defendant in favour of th...

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High Court of Karnataka Allows Second Appeal in Property Dispute — Sale Deed Valid Despite Non-Examination of Attesting Witness. Execution of sale deed can be proved by other evidence under Section 68 of Indian Evidence Act, 1872 when attesting witness is dead.

The appellant-plaintiff, Sri Thammaiah, filed a suit for declaration of title and permanent injunction (later amended to possession) in respect of sui...

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High Court of Bombay Examines Legality of Registered Sale Deed Lacking Vendor's Signature at Designated Place in Second Appeal. The appeal raises substantial questions of law regarding proof of execution and limitation where the vendor's signature was absent at the execution place but present elsewhere.

The appellant filed a second appeal challenging the appellate court's reversal of the trial court's dismissal of a suit for cancellation of a register...

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Bombay High Court Allows Appeal Against Refusal of Ad-Interim Injunction in Property Dispute — Holds That Trial Court Must Consider Documents Prima Facie and That Section 52 of Transfer of Property Act Does Not Substitute Injunction

The appellant, Durga Bearing (Mumbai) Pvt. Ltd., filed an appeal against the order of the City Civil Court, Dindoshi, Mumbai, dated 10 August 2016, wh...

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Bombay High Court Dismisses Suit for Specific Performance of Unsigned MOU for Flat Purchase. Contract Not Concluded as Essential Terms Were Not Finalized and MOU Remained Unsigned.

The plaintiffs, Rohit A. Kapadia and Sandhya R. Kapadia, filed a suit against the defendant, Perviz J. Modi, seeking specific performance of an allege...

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High Court of Karnataka Hears Appeals Against Decree for Specific Performance in Suit Involving Subsequent Purchasers. The trial court had decreed specific performance of an agreement to sell agricultural lands, directing the original vendor and later purchasers to execute a joint sale deed.

The appeal arises from a suit for specific performance of an agreement to sell agricultural lands. The first defendant, the owner, agreed to sell the ...

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Karnataka High Court Hears Appeals Against Specific Performance Decree in Agricultural Land Sale Agreement Dispute. The dispute involved claims of tampering, cancellation of agreement, and subsequent sales to third parties.

The appeals arise out of a suit for specific performance of an agreement to sell agricultural lands bearing various survey numbers, measuring a total ...

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Bombay High Court Allows Appeal Against Injunction in Property Dispute Over Passage and Gate. Trial Court Failed to Consider Leave Application Under Order II Rule 2 CPC Before Granting Interim Relief.

The appeal arises from a suit filed by Respondents 1 to 4 (plaintiffs) against the appellant (defendant No.1) and the Municipal Corporation (defendant...