Search Results for "hostile title"

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Supreme Court Allows Appeal in Possession Suit, Restores Concurrent Findings of Trial and First Appellate Court. High Court's Reversal Set Aside for Reappreciating Evidence Beyond Second Appeal Scope Under Section 100 CPC.

The case involves a dispute over possession of agricultural land. The plaintiff, Rajendra Kumar Gupta, filed a suit for recovery of possession based o...

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Supreme Court Upholds Referral to Arbitration Despite Fraud Allegations in Development Agreement Dispute. Arbitration Clause Survives Challenge When Fraud Relates to Inducement Not Affecting Contractual Terms.

The appeal arose from a civil suit filed by Deccan Paper Mills Co. Ltd. (appellant) against Regency Mahavir Properties and others (respondents) seekin...

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High Court of Karnataka Quashes Transfer Order in Land Grabbing Case — Civil Court Retains Jurisdiction Over Suit for Declaration and Injunction. Section 20 of Karnataka Land Grabbing Prohibition Act, 2011 Does Not Mandate Transfer of Civil Suit Where No Allegation of Land Grabbing is Made in Plaint.

The petitioner, Joseph Saldhana, filed a writ petition under Article 226 of the Constitution of India challenging the order dated 30.10.2018 passed by...

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Bombay High Court Grants Decree of Possession and Mesne Profits to Purchasers in Suit for Ejectment of Trespassers Based on Title. Unregistered Agreement for Sale Does Not Confer Title or Right to Possession Without Payment of Consideration.

The plaintiffs, Sharad Shantilal Chheda and Taruna Anil Chheda, filed a suit in the Bombay High Court seeking a decree of possession and mesne profits...

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High Court of Bombay at Goa Dismisses State Appeal in Land Title Suit — Upholds Declaration of Ownership and Injunction Against Revenue Authorities. Government Officials Cannot Unilaterally Alter Land Records Without Adjudication of Title Under Specific Relief Act, 1963.

The case involves an appeal by the State of Goa and its officers against a judgment and decree dated 1.4.2005 passed by the Additional District Judge,...

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Bombay High Court Dismisses Second Appeal in Property Dispute Over Temple Land — Plaintiffs Fail to Prove Ownership by Adverse Possession. The court held that the plaintiffs' claim of adverse possession failed as they did not establish exclusive possession or ouster of the defendant temple.

The dispute in this second appeal concerns a property surveyed under no.263/3 of village Tuem, Pernem, Goa. The plaintiffs, who are the appellants, cl...

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Bombay High Court Dismisses Second Appeal in Adverse Possession Case — Appellant Failed to Prove Hostile Possession for Statutory Period. The Court held that mere long possession without animus possidendi does not constitute adverse possession under Section 65 of the Indian Limitation Act, 1963.

The case involves a second appeal before the Bombay High Court arising from a suit for possession filed by the respondent (original plaintiff) against...