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Bombay High Court Allows Admission of Documents in Partition Suit — Secondary Evidence Permitted Under Section 65 of Indian Evidence Act, 1872. Documents Held Admissible as Certified Copies of Public Records or Where Plaintiff Failed to Produce Originals After Notice.

The suit was filed by Indira Rajguru against her brothers and sister for partition and declaration of rights in respect of properties. The matter came...

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Madras High Court Allows Exclusion of Third Party Lands from Auction Sale in Company Liquidation — Official Liquidator Cannot Sell Properties Not Owned by Company. Applicants Established Title Through Patta and Chitta, Entitled to Exclusion Without Setting Aside Auction.

The case involves multiple company applications filed by S. Mahendran and K. Singili (applicants) against the Official Liquidator and the Administrato...

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Madras High Court Hears Second Appeal in Civil Suit for Declaration and Recovery of Possession. Substantial Questions of Law on Proof of Oral Partition, Title, and Admission of Additional Evidence Considered.

The second appeal arose from concurrent findings dismissing the plaintiff's suit for declaration, mandatory injunction, and recovery of possession. Th...

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Supreme Court Allows Appeal in Mortgage Suit: High Court Erred in Holding No Mortgage Created Despite Agreement to Deposit Title Deeds. Equitable Mortgage by Deposit of Title Deeds Under Section 58(f) of Transfer of Property Act, 1882 Established Through Agreement and Evidence.

The dispute arose from a loan transaction between the appellant (plaintiff) and the respondent (defendant) in February 1995, where the appellant advan...

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Karnataka High Court Dismisses Appeal in Land Title Dispute Against BDA and State — Plaintiffs Fail to Prove Title and Possession. Suit for Declaration and Possession Dismissed as Plaintiffs Could Not Establish Ownership Over Property Allegedly Acquired by BDA.

The appeal arises from a judgment and decree dated 09.03.2007 passed by the IX Additional City Civil Judge, Bengaluru, in O.S.No.9426/1997, dismissing...

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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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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...