Search Results for "conditional sale deed"

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Search Results for "conditional sale deed"

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High Court

Gujarat High Court Allows Appeal in Property Dispute Over Cancellation of Sale Deed — Finds Trial Court Erred in Dismissing Suit Without Considering Plaintiff's Share in Ancestral Property. Sale Deed Executed Without Plaintiff's Consent and Without Notice Under Section 135(d) of Gujarat Land Revenue Code is Voidable.

11 Mar 2026

The appellant, Rukhiben Devaji Rajaji Thakor, filed a First Appeal under Section 96 of the Code of Civil Procedure, 1908, challenging the judgment and...

Tribunals

National Consumer Disputes Redressal Commission Allows Appeals Against State Commission Order in Consumer Execution Proceedings. The Commission set aside the common order dated 11.09.2024 and remanded the matter for fresh consideration of execution applications under Sections 25 and 27 of the Consumer Protection Act, 1986.

7 Aug 2025

The National Consumer Disputes Redressal Commission (NCDRC) heard appeals (AE No. 73/2024 and AE No. 74/2024) filed by the complainant/decree holder, ...

Tribunals

National Consumer Disputes Redressal Commission Allows Execution Appeals in Consumer Dispute Over Flat Possession — Directions Issued for Compliance Under Sections 25 and 27 of Consumer Protection Act, 1986. The decree holder is entitled to pursue both execution remedies simultaneously without being compelled to elect between them.

7 Aug 2025

The case involves execution appeals filed by the decree holder, Kishore Bhardwaj, against a common order dated 11.09.2024 of the State Consumer Disput...

Tribunals

National Consumer Disputes Redressal Commission Allows Appeal Against State Commission Order in Consumer Execution Proceedings — Compliance of Decree for Possession or Refund with Interest. The court set aside the impugned order and remanded the execution applications for fresh adjudication, keeping all contentions open.

7 Aug 2025

The case involves an appeal by Kishore Bhardwaj, the complainant/decree holder, against a common order dated 11.09.2024 passed by the State Consumer D...

Supreme Court

Supreme Court Partially Allows Specific Performance of Sale Agreement Despite Prior Oral Agreement - Vendor's Breach and Bona Fide Purchaser Protection. The court upheld the concurrent findings that the subsequent vendee is entitled to specific performance only of the portion not covered by a prior registered sale deed in favour of a bona fide purchaser without notice under the Specific Relief Act, 1963.

18 Sep 2020

The case involves a dispute over the specific performance of an agreement for sale of land. The Vendor, B. Santoshamma, purchased 300 sq. yards of lan...

Supreme Court

Supreme Court Allows Appeal in Property Dispute, Holds Sale Deed as Absolute Conveyance Not Mortgage. Separate Agreement for Reconveyance Cannot Convert Sale into Mortgage Under Section 58(c) of Transfer of Property Act, 1882.

16 Jul 2019

The dispute arose from a transaction involving agricultural land measuring 6 acres 2 guntas in Survey No.2/A. The plaintiff (respondent) had taken fin...

Supreme Court

Supreme Court Allows Appeal in Property Dispute Over Limitation for Voidable Alienations by Guardian. Suit for Declaration and Possession Without Seeking Setting Aside of Sale Deeds Held Maintainable Under Article 65 of Limitation Act, 1963.

1 Feb 2019

The case involves a property dispute arising from a Will executed by Petha Gounder on 17.05.1971, bequeathing a life interest to his sons Kannan and B...

High Court

Bombay High Court Dismisses Appeal in Mortgage Redemption Suit — Conditional Sale Deed Constructed as Mortgage. Court holds that a deed with a reconveyance clause is a mortgage by conditional sale under Section 58(c) of the Transfer of Property Act, 1882, and the mortgagee's adverse possession claim fails due to acknowledgment of title.

15 Feb 2017

The respondent (original plaintiff) filed a suit for possession and reconveyance of an agricultural land bearing Survey No.275, admeasuring 22 Ars, cl...

High Court

Bombay High Court Allows Second Appeal in Mortgage by Conditional Sale Case — Transaction Held as Mortgage, Not Sale, Due to Absence of Possession Transfer and Presence of Debtor-Creditor Relationship. The court reversed the appellate decree and restored the trial court's finding that the deed was a mortgage under Section 58(c) of the Transfer of Property Act, 1882, as the plaintiff remained in possession and the consideration was inadequate.

15 Feb 2011

The case involves a dispute over a house property in Ratna Pimpri village, Jalgaon district. The original plaintiff, Vitthal Maharu Patil (since decea...

High Court

Bombay High Court Allows Second Appeals in Specific Performance and Redemption Suit — Lower Appellate Court Erred in Holding Plaintiffs Abandoned Claim Based on Cross-Examination Contrary to Pleadings and Evidence. The court held that abandonment must be clear and unequivocal, and alternative pleas are permissible under law.

9 Aug 2005

The judgment pertains to two second appeals arising from a suit for specific performance of a contract for sale of land, with an alternative plea for ...

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