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Bombay High Court Dismisses Second Appeal in Property Suit, Upholds Concurrent Findings of Courts Below. Suit for Declaration of Ownership and Injunction Dismissed as Plaintiff Failed to Prove Title and Possession Over Suit Property.

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

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Bombay High Court Allows Second Appeal in Partition Suit — Declares Adopted Son's Alienations Not Binding on Widow's Share. Hindu Succession Act, 1956 Sections 14 and 6 applied to protect widow's pre-existing right of maintenance and partition.

The case involves a second appeal by the legal heirs of the original plaintiff, Housabai, against the judgment and decree of the 3rd Additional Distri...

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Bombay High Court Allows Second Appeal in Partition Suit — Adoption and Hindu Succession Rights Upheld. Plaintiff's 1/2 share in suit properties declared, sale deeds by adopted son held not binding on adoptive mother.

The original plaintiff, Housabai, filed a suit for partition and separate possession of suit lands, claiming a 1/2 share as the widow of her husband w...

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Bombay High Court Allows Rejection of Plaint in Partition Suit — Suit Barred by Limitation and Res Judicata. Order VII Rule 11(d) CPC applied as plaint disclosed no cause of action and was barred by limitation under Article 65 of Limitation Act, 1963.

The petitioners, original defendants in a civil suit, filed a writ petition under Article 227 of the Constitution challenging an order dated 28.11.201...

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Supreme Court Upholds Full Ownership for Widow under Hindu Succession Act, 1956. Widow's Pre-1956 Acquisition via Partition Award Confers Absolute Rights under Section 14(1), Not Restricted Estate under Section 14(2).

A Hindu male, who owned self-acquired properties, died in 1947 leaving behind five sons and a widow. In 1950, the heirs appointed an arbitrator to par...

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Bombay High Court Dismisses Second Appeal in Suit for Possession and Mesne Profits — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. The court held that the plaintiff's title as sole heir was established and the defendant failed to prove adverse possession.

The second appeal arose from a suit for possession and mesne profits filed by the original plaintiff (since deceased, represented by legal heirs) agai...