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Bombay High Court Allows Second Appeal in Suit for Reconveyance Based on Conditional Sale Deed — Agreement to Reconvey Not Proved. Court holds that the burden of proving an oral agreement to reconvey lies on the party asserting it, and failure to discharge that burden results in dismissal of the suit.

The case involves a second appeal filed by the defendants against the judgment and decree of the II Additional District Judge, Beed, dated 17.09.1994,...

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Bombay High Court Dismisses Second Appeal in Property Suit, Upholds Concurrent Findings of Possession and Title. Court holds that findings of fact based on evidence cannot be interfered with in second appeal under Section 100 CPC unless perverse or based on no evidence.

The case involves a property dispute between the appellants (original defendants) and respondents (original plaintiffs) over agricultural land. The pl...

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Supreme Court Upholds Redemption-Decree Holder in Mortgage Suit Under U.P. Agriculturists’ Relief Act Despite Repeal. Repeal of Relief Act Did Not Affect Pending Proceedings Due to Savings Clause in Section 6 of U.P. General Clauses Act and Section 23 of Amending Act 18 of 1956.

The dispute arose from a mortgage transaction where the successor-in-interest of the original mortgagor, the respondent, filed an application under Se...