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High Court of Karnataka Adjudicates Appeal in Ejectment Suit — Dispute Over Tenancy and Part Performance Under Section 53A Transfer of Property Act. Plaintiffs Claimed Tenancy Had Terminated; Defendants Asserted Possession Under Agreement to Sell and Assignment, Invoking Shield of Part Performance.

This appeal under Section 96 of the Code of Civil Procedure, 1908, arose from the dismissal of a suit for ejectment filed by five sisters against two ...

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Bombay High Court Allows Second Appeal in Partition Suit, Remands Case for Fresh Consideration on Issue of Limitation and Adverse Possession. The court held that the suit for partition is governed by Article 110 of the Limitation Act, 1963, and the defendants failed to prove adverse possession.

The case involves a partition suit filed by Pandurang Sitaram Pande (original plaintiff) against his brothers and other family members for a 1/5th sha...

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Bombay High Court Dismisses Second Appeal in Property Partition Suit — Concurrent Findings of No Joint Purchase Upheld. Suit for Declaration of Ownership and Partition Dismissed as Plaintiffs Failed to Prove Joint Purchase of Suit Property in 1957.

The case involves a property dispute between descendants of two brothers, Ramchandra Ingole and Trimbakrao Ingole, who had partitioned joint family pr...

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Karnataka High Court Dismisses Second Appeal in Property Injunction Suit — Concurrent Findings of Fact Not Interfered With. Suit for Injunction and Declaration Dismissed as Plaintiff Failed to Prove Possession and Title Over Suit Property.

The appellant, Sri B.N. Devaraju, filed a second appeal before the Karnataka High Court against the concurrent judgments of the trial court and the fi...

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High Court of Karnataka Dismisses Appeal in Partition Suit — Upholds Trial Court's Decree for Partition and Separate Possession. Court holds that a co-owner in possession of joint family property cannot claim adverse possession against other co-owners unless there is ouster or denial of title.

The case involves a partition suit filed by the respondents (plaintiffs) seeking partition and separate possession of joint family properties. The app...

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High Court of Karnataka Allows Appeal in Property Dispute — Sale Deed by GPA Holder Without Authority Declared Void. Court holds that a General Power of Attorney must expressly authorize sale of immovable property and that the burden of proving authority lies on the party relying on the GPA.

The case involves a regular first appeal filed by the defendants against the judgment and decree dated 24.02.2012 in O.S.No.2405/2010 passed by the XI...

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FIRST APPEAL NO. 1272 OF 2019

The first appeal was preferred by the original opponent against the order cancelling her appointment as guardian of her husband. The appellant was app...