Search Results for "oral mortgage"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

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High Court

High Court of Gujarat Allows Appeal in Property Dispute Case — Sale Deed Cancelled Due to Lack of Consideration and Fraud. The court held that a sale deed executed without payment of consideration and based on fraudulent misrepresentation is voidable and liable to be set aside under the Specific Relief Act, 1963.

24 Mar 2026

The present appeal arises from a judgment and decree dated 10.12.2019 passed by the learned 4th Additional Senior Civil Judge, Ahmedabad in Special Ci...

Supreme Court

Supreme Court Reverses Appellate Decisions and Upholds Trial Court Decree in Property Dispute Involving Registered Sale Deed. The Court held that the registered sale deed is valid as fraud was not proven, oral evidence cannot contradict its terms under Section 91 of the Evidence Act, 1872, and amendments to pleadings after long delay were improper, with the second suit barred by res judicata under Section 11 of the Code of Civil Procedure, 1908.

30 Sep 2021

The dispute arose between brothers over property ownership following a registered sale deed dated 14.9.1970. The plaintiff (elder brother) filed a sui...

High Court

Bombay High Court Allows Second Appeal in Possession Suit — Exchange of Land Not Proved by Registered Instrument. Transfer of Property Act, 1882 Section 54 requires immovable property of value Rs.100 and above to be transferred only by registered instrument; oral exchange without registration cannot confer title.

4 Aug 2017

The case involves a dispute over agricultural land Survey No.98/2. The original plaintiff Ramrao and his three brothers obtained a purchase certificat...

High Court

High Court of Karnataka Allows Commercial Appeal in Part, Sets Aside Trial Court's Rejection of Rent Arrears Claim in Eviction Suit. The court held that the claim for arrears of rent from 01.04.2000 to 30.11.2021 was not barred by limitation as the tenancy continued and the suit was filed within three years from termination.

19 Dec 2025

The appellants, Smt. Sarojamma and others, filed a commercial suit (Com.O.S.No.124/2023) before the LXXXVII Additional City Civil and Sessions Judge, ...

High Court

Bombay High Court Allows Second Appeal in Specific Performance Suit — Upholds Trial Court Decree for Sale Agreement. Agreement to Sell for Agricultural Land Held Valid and Enforceable Despite Non-Registration of Prior Agreement; Court Relies on Section 53A of Transfer of Property Act, 1882 and Part Performance Doctrine.

10 Dec 2015

The case involves a second appeal filed by the original plaintiffs (appellants) against the judgment and decree of the District Court, Aurangabad, in ...

High Court

Bombay High Court Allows Second Appeal in Partition Suit — Reverses Lower Appellate Court's Dismissal for Non-Prosecution. Held that an appeal cannot be dismissed for default under Order 41 Rule 17(1) CPC if the appellant or counsel is absent; the court must decide on merits under Rule 17(2) if the respondent is present and ready to argue.

9 Nov 2006

The appellants, who were plaintiffs in a partition suit, filed a second appeal before the Bombay High Court against the judgment of the District Judge...

High Court

High Court of Karnataka at Bengaluru Hears Regular First Appeal Challenging Decree Holding Sale Deeds Void Under Section 52 of Transfer of Property Act in Pending Partition Suit. Appeal contests application of lis pendens doctrine to nullify purchases made during pendency of suit, with court's analysis focusing on extent of co-heir rights in Mohammedan law.

31 Jan 2015

The case arose from a partition suit filed by two Muslim women, Smt. Jameela Begum and Smt. Iqbal Begum, seeking their shares in the properties left b...

High Court

Bombay High Court Dismisses Second Appeal in Property Dispute, Upholds Concurrent Findings of Possession and Title. Court holds that admission of storage of rubble by defendants does not negate plaintiffs' possession of eastern side of suit property.

18 Feb 2025

The second appeal was filed by original defendant nos. 1 and 2 challenging concurrent judgments and decrees granting declaration of title and injuncti...

Supreme Court

Supreme Court Dismisses Appeal in Rent Control Eviction Case, Upholding Concurrent Findings. Eviction ordered under Sections 10(2)(i), 10(2)(vi), and 10(3)(a) of Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960, based on non-payment of rent, denial of title, and landlord's business use.

22 Sep 2022

The dispute arose from an eviction petition filed by the respondent-landlord under the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act...

Supreme Court

Supreme Court Allows Appeal in Property Dispute Over Sale Deed Validity — Restores Trial Court Decree Based on Benami Transaction and Adverse Possession Findings. The Court held that the sale deed executed by defendant no. 3 in favour of defendant no. 1 was benami and void under Section 4(1) of the Benami Transactions (Prohibition) Act, 1988, and that the defendants failed to prove adverse possession.

1 Jan 2026

The present appeal arises from a property dispute between the appellants (original defendants) and the respondents (original plaintiffs) concerning 13...

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