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Search Results for "declaration of title"

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Supreme Court

Supreme Court Dismisses Plaintiff's Appeal in Partition Suit Based on Res Judicata and Invalid Will. The suit was barred under Section 11 of the Code of Civil Procedure, 1908, as prior litigation had conclusively established a valid partition in 1964, extinguishing the testator's ownership rights and rendering the will ineffective.

27 Jan 2022

The dispute originated from a partition suit filed by the plaintiff, who claimed a one-fourth share in joint family properties based on a will execute...

Supreme Court

Supreme Court Reverses High Court Judgment in Land Title Dispute Due to Jurisdictional Error and Procedural Defects. High Court Exceeded Authority Under Section 100 CPC by Re-appreciating Evidence Without Framing Substantial Question of Law, and Specific Performance Decree Was Invalid for Non-Impleadment of Necessary Parties.

17 Jan 2022

The dispute involved a long-standing conflict over land measuring 0.08 cents, part of a larger 50-acre parcel, with origins dating back to the 1960s. ...

Supreme Court

Supreme Court Dismisses Plaintiffs in Property Declaration Suit Due to Omission of Possession Relief. Suit for Declaration and Injunction Held Not Maintainable Under Section 34 of Specific Relief Act, 1963 as Plaintiff, Not in Possession, Failed to Seek Further Relief of Possession.

25 Nov 2021

The dispute originated from a suit filed in 1987 by Arakeri Abbaiah, the original plaintiff, seeking declaration of ownership and permanent injunction...

Supreme Court

Supreme Court Allows Appeal in Waqf Act Jurisdiction Dispute Regarding Suit for Permanent Injunction. Civil Court Jurisdiction for Injunction Suits Involving Waqf Property is Not Barred Under Section 85 of Waqf Act, 1995 When Dispute Does Not Involve Questions About Nature of Property.

28 Oct 2021

The dispute originated from a suit filed by the plaintiff (first respondent) against the defendant (appellant) and others for mandatory and permanent ...

Supreme Court

Supreme Court Dismisses Appeals in Land Tenancy Dispute, Upholding Protected Tenant's Ownership Rights. Oral Surrender of Protected Tenancy Rights Held Invalid Under Section 19 of Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950, and Occupancy Rights Granted in 1982 Annulled as Ownership Had Already Vested in Protected Tenant Under Section 38-E from 1973.

1 Oct 2021

The dispute concerned conflicting claims over agricultural land between the legal heirs of a purchaser and a protected tenant. The purchaser's predece...

Supreme Court

Supreme Court Allows Civil Appeal in Family Settlement Admissibility Case - Unregistered Kharurunama and Receipt Admissible as Corroborative Evidence. The Court held that if a family settlement document merely records a pre-existing oral agreement, it does not require registration under Section 17(1)(b) of the Registration Act, 1908 and can be used as evidence for collateral purposes, remanding the matter for trial court determination.

1 Oct 2021

The Supreme Court of India heard a civil appeal arising from a special leave petition, concerning the admissibility of an unregistered family settleme...

Supreme Court

Supreme Court Dismisses Appeal in Wakf Property Dispute Due to Res Judicata Bar from Prior Representative Suit and Compromise Decree. The Court Held That a Judgment in a Representative Suit Under Section 92 of the Code of Civil Procedure, 1908, Binds All Interested Parties Under Explanation IV to Section 11, and a Compromise Decree Precludes Re-agitation of Title Issues, Affirming Lower Court Decisions.

23 Sep 2021

The dispute centered on a property claimed as wakf by the Jamia Masjid Gubbi, represented by its President, against defendants including successors of...

Supreme Court

Supreme Court Dismisses Appeals in Land Title and Specific Performance Dispute, Upholding High Court's Reversal of First Appellate Court Decree. High Court Correctly Exercised Jurisdiction Under Section 100 CPC by Framing Substantial Question of Law on Genuineness of Agreement to Sell and Examining Document Under Section 73 Evidence Act, 1872.

9 Sep 2021

The dispute arose from two civil suits concerning land transactions in Karnataka. The respondent, as plaintiff in the first suit (OS No.20/1985), soug...

Supreme Court

Supreme Court Allows Appeal in Property Injunction Suit, Reversing High Court's Remand Order. Suit for Permanent Injunction Without Declaration of Title Held Maintainable Under Principles from Anathula Sudhakar Case, as Possession Was Established and Title Not Directly in Issue, Restoring Trial Court Decree Based on Concurrent Findings of Fact.

7 Sep 2021

The dispute arose from a civil suit filed by the appellant-plaintiff seeking a permanent injunction to restrain the respondent-defendant from trespass...

Supreme Court

Supreme Court Reverses High Court Decision on Suit for Permanent Injunction - Title Dispute Not a Bar to Injunction Suit. The Court held that a suit for permanent injunction simpliciter can be maintainable even when title is disputed, depending on the complexity of the title issues, as per principles established in Anathula Sudhakar v. P. Buchi Reddy, and remanded the case for fresh consideration.

7 Sep 2021

The dispute arose from a civil appeal before the Supreme Court, where the appellant-plaintiff challenged a High Court judgment that allowed an appeal ...

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