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Search Results for "declaration of title"

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High Court

High Court of Karnataka Dismisses Corporation's Appeal in Property Suit — Upholds Concurrent Findings of Possession and Title. The court held that the Corporation failed to prove its title over the suit property and that the plaintiff's long possession and tax receipts established his right to injunction.

29 Apr 2026

The case involves a Regular Second Appeal filed by the Commissioner of the Corporation of City of Hubli-Dharwad under Section 100 of the Code of Civil...

High Court

High Court of Karnataka Allows Second Appeal in Property Dispute — Sale Deed Valid Despite Non-Examination of Attesting Witness. Execution of sale deed can be proved by other evidence under Section 68 of Indian Evidence Act, 1872 when attesting witness is dead.

11 Apr 2023

The appellant-plaintiff, Sri Thammaiah, filed a suit for declaration of title and permanent injunction (later amended to possession) in respect of sui...

High Court

High Court of Karnataka Allows Second Appeal in Property Dispute — Sets Aside Concurrent Findings on Declaration and Possession. Court holds that the First Appellate Court failed to frame proper points for determination under Order 41 Rule 31 CPC, rendering its judgment unsustainable.

17 Mar 2023

The appellant, Sri Gundappa, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) challenging the judgment and decree da...

High Court

High Court of Karnataka Allows Appeal in Declaration and Possession Suit — Sale Deed by Co-owner Without Consent of Other Co-owners Not Binding on Plaintiff. Transfer of Property Act, 1882, Section 44 — Co-owner cannot transfer undivided share in specific property without consent of other co-owners; decree for possession cannot be granted against co-owner in possession.

23 Feb 2023

The appellant, L Rudramuni Swamy, was the first defendant in a suit filed by the original plaintiff Rachappa @ Rachaiah (since deceased, represented b...

High Court

High Court of Karnataka Allows Appeal in Declaration and Injunction Suit — Plaintiff's Title to Property Upheld Based on Unregistered Will and Adverse Possession. Court holds that an unregistered Will can be proved under Section 63 of the Indian Succession Act, 1925 and Section 68 of the Indian Evidence Act, 1872, and that a plaintiff in possession can seek declaration of title without seeking possession.

2 Feb 2023

The appellant, Smt. V. Lalitha, was the plaintiff in a suit for declaration of title and permanent injunction in respect of a property bearing Sy. No....

High Court

Bombay High Court Allows Second Appeal in Injunction Suit Over Disputed Land Grant — Maintainability of Suit for Injunction Simpliciter Without Declaration of Title Questioned When Title Itself Is Disputed. The court held that a suit for permanent injunction without a prayer for declaration is not maintainable when the plaintiff's title is seriously disputed, and the appellate court erred in applying interim order principles and shifting the burden of proof.

28 Mar 2014

The case involves a second appeal before the High Court of Bombay at Goa arising from a suit for permanent injunction filed by the respondents (Smt. S...

High Court

Bombay High Court Allows Second Appeal in Property Declaration Suit — Limitation Period Runs from Knowledge of Encroachment, Not from Survey Record Publication. The court held that Article 58 of the Limitation Act, 1963 does not bar a suit for declaration of title when no adverse possession is claimed and the suit is filed within three years of knowledge of encroachment.

17 Jan 2014

The appellant, Pedro do Rosario Fernandes, filed a suit for declaration of title in May 1999, claiming that he obtained a certified copy of survey rec...

High Court

Bombay High Court Dismisses Second Appeal in Property Dispute, Upholds Trial Court's Decree of Declaration and Injunction Based on Adverse Possession. Plaintiff's long possession and payment of taxes established ownership by adverse possession over suit mill.

7 Dec 2006

The case involves a dispute over a mill with an area of 134 sq. metres. The plaintiff, Amaral Pereira, claimed that his grandmother, Maria Francisca F...

High Court

Bombay High Court Dismisses Appeal by Housing Society Against Construction Company in Suit for Declaration and Injunction — Society Lacks Locus Standi as It Was Not a Party to the Development Agreement.

30 Nov -0001

The appellant, M/s. Dom Francisco Flat Owners Co-op. Housing Society Ltd., filed a first appeal against the dismissal of its suit by the trial court. ...

High Court

Bombay High Court Dismisses Second Appeals in Property Suit, Upholds Concurrent Findings of Courts Below. Court holds that a co-owner cannot claim adverse possession against another co-owner unless there is clear ouster and hostile title asserted.

30 Nov -0001

The case involves a property dispute between two brothers, Gurudayalsing Bindra (original defendant, now represented by his legal representatives as a...

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