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Bombay High Court Dismisses Suit by Unregistered Partnership Firm Under Section 69 of Indian Partnership Act, 1932. Suit for Declaration and Injunction Barred as Firm Not Registered, No Exception for Suits Relating to Partnership Property Applies.

The plaintiffs, seven individuals, filed a suit seeking a declaration that they are partners of the firm Laxmi Developers and for an injunction restra...

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High Court of Karnataka Dismisses Second Appeal in Partition Suit — Concurrent Findings of Courts Below Upheld. Co-owner in possession cannot claim adverse possession against other co-owners without clear ouster; suit for partition not barred by limitation under Article 65 of Limitation Act, 1963.

The present regular second appeal arises out of a partition suit originally filed as O.S. No. 9/1993 on the file of the Munsiff & JMFC, Koratagere. Th...

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Bombay High Court Dismisses Petition Challenging Cooperative Court Orders in Property Dispute Between Member and Housing Society. Member's claim for plot allotment fails as cancellation by NIT and subsequent sale to third party upheld due to member's failure to construct within stipulated time.

The petitioner, a member of the respondent Nagpur Cooperative Housing Society Ltd., was allotted plot No.122 by the Society, which had obtained 13 plo...

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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.

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...

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Supreme Court Allows Reversioners' Suit for Possession Against Tenant of Life Tenant. Life Tenant's Lease Does Not Survive Her Death; Tenant Becomes Trespasser.

The appeal arises from a judgment of the High Court of Punjab and Haryana in a second appeal, which reversed the trial court's decree for possession i...

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High Court of Bombay Examines Consent Letter and Delay in Tenancy Transfer in Irani Wadi Case; Finds Consent for Convenience Not Relinquishment and Transfer Lacks Bona Fides. Joint Tenants’ Rights Not Extinguished by Mere Consent Letter; Twenty-Year Delay and Protest Letters Negate Bona Fide Transfer.

The dispute concerned the immovable property known as Irani Wadi at Mazgaon, comprising a residential bungalow, a nursery, and rooms for gardeners, he...

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High Court of Karnataka Dismisses Regular Second Appeal in Property Declaration Suit — Adoption Deed Not Proved and Suit Barred by Limitation. Plaintiff failed to establish adoption and possession within limitation period under Article 65 of Limitation Act, 1963.

The appellant, Ramning Ganesh Goankar, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and ...