Search Results for "land alienation"

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High Court of Gujarat Allows Revision, Rejects Plaint in Specific Performance Suit Involving New Tenure Land. Agreement to Sell New Tenure Land Without Collector's Permission is Void Under Section 43 of Gujarat Tenancy and Agricultural Land Act, 1948, and Suit Based on Such Agreement is Barred by Law.

The case involves a Civil Revision Application filed by the original defendants (Dilipbhai Parshottambhai Patel and others) against an order of the le...

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Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Partition Suit — Order VII Rule 11 CPC Application Not Maintainable After Preliminary Decree. Preliminary Decree Attains Finality After Dismissal of SLP, Plaint Merges into Decree.

The case involves a long-standing partition dispute between the parties. The great-grandmother of Applicant Nos.1 and 2 originally filed Special Civil...

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Bombay High Court Dismisses Revision Against Rejection of Order VII Rule 11 CPC Application in HUF Partition Suit — Suit Not Barred by Limitation as Cause of Action Arose on Alienation by Coparcener.

The present Civil Revision Application was filed by Defendant No.6, a third-party purchaser, challenging the rejection of his application under Order ...

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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.

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

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Supreme Court Allows Appeal in Gift Deed Condition Case — Sale Deeds Void Due to Restraint on Alienation. Condition in Gift Deed That Donee Cannot Alienate Property Is Valid and Binding, Making Subsequent Sales Void.

The appeal arose from a suit filed by the plaintiffs, sons of defendant No.1, seeking declaration of ownership and to set aside sale deeds executed by...

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Supreme Court Allows Appeal in Family Settlement Dispute — Upholds Validity of Pre-Emptive Right Clause. Clause requiring written concurrence of all co-sharers before sale to third party is valid and binding; High Court erred in holding it vague and void.

The dispute arose from a family settlement dated 31.03.1982 among three brothers, including the appellant Tilak Raj Bakshi (plaintiff), the first defe...

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Bombay High Court Upholds Demolition of Unauthorized Terrace Construction in Cooperative Housing Society. Lease of Terrace by Member Without Society's Consent Invalid Under Maharashtra Cooperative Societies Act, 1960.

The judgment concerns two writ petitions arising from a dispute between N. Jethani (petitioner in WP 5476/1990) and Shri Shivaji Cooperative Housing S...