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High Court of Karnataka Dismisses Regular Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for Declaration of Title and Injunction Dismissed as Plaintiffs Failed to Prove Title and Possession Over Suit Property.

The appellants (plaintiffs) filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree of t...

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Bombay High Court Dismisses Appeal by Revenue Authorities in Stamp Duty Dispute — Security-cum-Mortgage Bond for Guaranteeing Third-Party Loan is Collateral Security Under Article 40(c) of Maharashtra Stamp Act, 1958, Not a Mortgage Deed Under Article 40(a).

The present Letters Patent Appeal was filed by the Joint District Registrar and Collector of Stamps, Nagpur, and the Chief Controlling Revenue Authori...

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Supreme Court Allows Appeal in Property Dispute, Holds Sale Deed as Absolute Conveyance Not Mortgage. Separate Agreement for Reconveyance Cannot Convert Sale into Mortgage Under Section 58(c) of Transfer of Property Act, 1882.

The dispute arose from a transaction involving agricultural land measuring 6 acres 2 guntas in Survey No.2/A. The plaintiff (respondent) had taken fin...

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Bombay High Court Allows Second Appeal in Mortgage Tenancy Dispute — Tenancy Revived Upon Mortgage Redemption. The substantial question of law was whether the defendant's tenancy is revived once the mortgage is redeemed under the Transfer of Property Act, 1882.

The case involves a second appeal by the original plaintiff, Tukaram Govind Patil (since deceased, represented by his heirs), against the original def...

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Bombay High Court Allows Redemption in Mortgage by Conditional Sale Dispute. Deed Dated 21-4-1953 Held to be Mortgage by Conditional Sale Under Section 58(c) of Transfer of Property Act, 1882, Not Sale with Condition of Repurchase.

The case involves a second appeal arising from a suit for redemption of mortgaged land. The plaintiffs (respondents) claimed that their late father, T...

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Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Sale Deed Challenged as Void for Non-Compliance with Section 7 of Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961, but Court Found No Substantial Question of Law.

The case involves a second appeal filed by Navinchand Khushalchand Mutha against the judgment and decree of the lower appellate court in a suit for de...