Search Results for "possession and enjoyment"

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Supreme Court Allows Appeal in Title Suit Over Land Dispute, Reversing High Court on Requirement to Challenge Sale Deed. Plaintiff Established Title Through Valid Gift Deed Under Muslim Law, Making Subsequent Sale Deed Void Ab Initio and Unnecessary for Cancellation Under Code of Civil Procedure, 1908.

The dispute involved a title suit over land where the appellants, as legal heirs of the original plaintiff, claimed ownership through a registered gif...

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Bombay High Court Quashes Interception Orders of Petitioner in Indian Telegraph Act Case Due to Absence of Public Emergency or Interest of Public Safety. The Court Held That Telephone Interception Without Proper Statutory Compliance Violates Right to Privacy and Intercepted Material Must Be Destroyed.

The petitioner, a businessman, challenged three orders dated 29 October 2009, 18 December 2009, and 24 February 2010, by which his telephone calls wer...

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High Court of Karnataka Declares Demolition of Shop without Notice Illegal under Section 23 of Karnataka State Highways Act, 1964. Tenant's Possession Protected When Authorities Demolish Building Without Following Procedural Mandate.

The petitioner was a tenant running a textile shop in a building at Magadi Town, measuring 19 feet by 76 feet, referred to as Schedule-B property. He ...

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Madras High Court Sets Aside Waqf Tribunal Order for Lack of Reasoned Decision and Remands for Fresh Enquiry Under Section 40. Non-speaking resolution by Waqf Board without proper enquiry into whether properties were private or public waqf necessitated remand for fresh determination.

The dispute centred on the nature of waqf over certain properties. The original petitioner, M. Sirajudeen Sayeed (since deceased, represented by legal...

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High Court of Karnataka Allows Appeal in Property Fraud Case, Reversing Dismissal of Suit for Declaration and Injunction. The court found that visible discrepancies in sale deeds and police complaint established fraud, making handwriting expert opinion not mandatory under evidence law.

The dispute arose from a suit filed by the plaintiff seeking declaration that four sale deeds executed in 2018 were null and void and not binding on h...

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High Court of Karnataka Allows Appeal in Partition Suit — Rejects Plaint Rejection Under Order VII Rule 11 CPC. Suit for Partition and Separate Possession of Joint Family Property Not Barred by Limitation as Perpetual Right to Seek Partition Recognized Under Hindu Law.

The present Regular First Appeal was filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) challenging the judgment and decree dated 24.02...

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Supreme Court Allows Plaintiff's Claim for Possession in Property Dispute Based on Title and Rejects Adverse Possession Defense. Licensee's Possession Cannot Be Converted into Adverse Possession Without Clear Evidence of Ouster.

The dispute pertained to a suit property in Bangalore. The original plaintiff, A. Krishnappa, claimed ownership of the property as joint family proper...