Search Results for "Reconveyance Deed"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Search Results for "Reconveyance Deed"

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High Court

Bombay High Court Dismisses Writ Petition Seeking Reconveyance of Land Transferred for Electricity Sub-Station. Petitioner's claim of coercion and duress after ten years rejected as the transfer was a voluntary commercial transaction under a registered Deed of Transfer.

25 Nov 2022

The petitioner, Goan Real Estate and Construction Pvt. Ltd., filed a writ petition under Article 226 of the Constitution of India seeking a writ of ma...

High Court

Bombay High Court Allows Second Appeal in Mortgage Redemption Case — Mortgage by Conditional Sale Held to Be a Mortgage, Not Sale, and Right to Redeem Subsists Despite Non-Payment of Rent. The court restored the trial court's decree for redemption and possession, rejecting the appellant's claim of tenancy under the Bombay Rent Act.

27 Jun 2018

The case involves a second appeal arising from a suit for redemption of mortgage and possession filed by the original respondent (Shankar Krishna Bhag...

High Court

Bombay High Court Dismisses Appeal, Confirms Decree of Redemption of Mortgage in Favor of Plaintiffs. Transaction Held as Mortgage Despite Document Purporting to be Sale, Based on Inadequate Consideration and Agreement to Reconvey.

12 Jun 2014

The case involves a second appeal filed by the defendant (appellant) against the judgment and decree of the Additional District Judge, Biloli, which c...

Supreme Court

Supreme Court Dismisses Appeal by Purchaser Against High Court Decision That Compromise Decree Does Not Bind Coparceners. Property Reacquired by Coparceners Through Court Decree Retains Joint Family Character, Requiring Consent of All Coparceners for Valid Compromise Under Hindu Law.

1 Jul 2019

The Supreme Court dismissed an appeal against the High Court's judgment which declared that a compromise decree dated 25 March 1976, entered into betw...

High Court

Bombay High Court Dismisses Second Appeal in Mortgage by Conditional Sale Case — Foreclosure Decree Denied as Transaction Held to be Mortgage, Not Sale. The court held that the document was a mortgage by conditional sale under Section 58(c) of the Transfer of Property Act, 1882, and the appellant was not entitled to possession without a preliminary decree for foreclosure.

25 Jan 2017

The appellant, Pandurang Maruti Dombale, filed a suit for recovery of possession and profits based on a registered conditional sale deed dated 22 Nove...

High Court

Gujarat High Court Allows Second Appeal in Mortgage Redemption Case — Concurrent Findings Set Aside for Ignoring Material Evidence and Misreading Documents. Mortgage by Conditional Sale Held Not Extinguished by Mere Delay; Right to Redeem Survives Under Section 60 of Transfer of Property Act, 1882.

28 Jan 2026

The appellant (original plaintiff) filed a suit for redemption of mortgage of a shop in Borsad, Anand. The plaintiff had executed two mortgage by cond...

High Court

Bombay High Court Allows Second Appeal in Mortgage Redemption Suit — Agreement of 1952 Construed as Mortgage, Limitation Period Under Article 34 of Limitation Act, 1963 Applies. The court held that the document dated 5-6-1952, though styled as a conveyance, was in fact a mortgage by conditional sale, and the suit for redemption was not barred by limitation as the mortgagee's possession did not become adverse.

20 Jan 2005

The appellants, unsuccessful plaintiffs in a suit for redemption of mortgage, filed a Second Appeal against the judgment of the first appellate court ...

High Court

Bombay High Court Allows Second Appeal in Specific Performance Suit — Agreement to Repurchase Not Enforceable. Receipt for Reconveyance Does Not Constitute a Valid Contract for Sale Under Section 54 of Transfer of Property Act, 1882, and Suit Barred by Limitation.

24 Sep 2013

The dispute pertains to a suit for specific performance of an alleged agreement to repurchase suit land. The plaintiff, Dattu Kadu Aher, originally mo...

High Court

High Court of Karnataka Dismisses Appeal in Property Dispute — Sale Deed Cancellation Suit Fails Due to Lack of Proof of Fraud. Court upholds trial court's dismissal of suit for cancellation of registered sale deed under Section 31 of Specific Relief Act, 1963, as plaintiffs failed to establish fraud or collusion.

6 Aug 2013

The appeal arises from a suit filed by the plaintiffs (appellants) seeking cancellation of a registered sale deed and permanent injunction. The plaint...

High Court

Bombay High Court Dismisses Second Appeal in Property Dispute Over Sham Sale Deed — Suit for Declaration Without Seeking Cancellation of Sale Deed Held Maintainable Under Section 31 of Specific Relief Act, 1963. The Court held that a suit for declaration that a sale deed is sham and nominal does not require cancellation under Section 31 of the Specific Relief Act, 1963, as the plaintiff only seeks to declare the true nature of the document.

8 Feb 2011

The appellant-defendant challenged the concurrent findings of the trial court and first appellate court in a suit filed by the respondent-plaintiff. T...

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