Search Results for "Transfer of Property Act"

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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.

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

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Bombay High Court Allows Writ Petition, Restores Eviction Decree in Sub-Lease Dispute for Breach of Covenant. Failure to pay municipal taxes and insurance premium constituted breach of condition under Section 111(g) of Transfer of Property Act, 1882, justifying forfeiture and eviction.

The petitioner, as lessor, had granted a sub-lease of land and buildings to the first respondent for 98 years. The sub-lease deed contained covenants ...

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Bombay High Court Dismisses Petition Challenging Eviction of Tenant for Subletting and Unauthorised Assignment. Transfer of Property Act, 1882 Section 106 Notice Upheld as Valid.

The case involves a dispute over eviction of a tenant from premises in Mumbai. The original landlord, Mr. N.V. Baliga, owned a building at 257, Frere ...

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Bombay High Court Dismisses Second Appeal in Property Dispute — Section 53-A T.P. Act Defence Available to Possessor Under Agreement to Sell. Concurrent findings upheld that appellant-plaintiff failed to prove agreement void; respondent-defendants entitled to retain possession based on part performance.

The present second appeal was filed by the original plaintiff, Sakharam Laxman Mathane (since deceased, represented by his heirs), challenging the con...

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Bombay High Court Dismisses Revision Against Order Refusing to Strike Out Defence in Suit for Possession and Mesne Profits — Held That Denial of Title by Tenant Without Supporting Evidence Does Not Attract Striking Out of Defence Under Order 15A CPC.

The case arises from a civil revision application filed by the defendants (M/s. Keshavdas Hassanand and others) against an order of the Trial Court re...

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Bombay High Court Dismisses Appeals by Hindustan Petroleum and Dealer in Eviction Suit — Lease Termination Valid Under Section 111(g) of Transfer of Property Act, 1882. Notice to Quit Properly Served and Not Waived by Acceptance of Rent.

The case involves two appeals arising from a suit for eviction filed by Dilip Prabhakar Dingorkar (the owner/lessor) against M/s. Hindustan Petroleum ...

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Bombay High Court Allows Redemption in Mortgage by Conditional Sale Dispute. Deed Dated 21-4-1953 Held to be Mortgage by Conditional Sale Under Section 58(c) of Transfer of Property Act, 1882, Not Sale with Condition of Repurchase.

The case involves a second appeal arising from a suit for redemption of mortgaged land. The plaintiffs (respondents) claimed that their late father, T...

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Bombay High Court Allows Suit for Possession Based on Title in Absence of Proof of Tenancy by Defendant. Adverse Possession Claim Fails as Possession of Tenant Becomes Adverse Only After Surrender or Denial of Title.

The case involves a dispute over possession of a property in Kolhapur. The plaintiffs, legal heirs of the original owner Ganpatrao Rashingkar, filed a...