Search Results for "mortgagor"

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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...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
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Search Results for "mortgagor"

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High Court

Bombay High Court Allows Appeal in Suit for Specific Performance — Agreement to Sell Not Proved as Genuine Due to Discrepancies in Evidence and Failure to Examine Attesting Witnesses. The Court held that the plaintiff failed to prove execution of the agreement under Section 68 of the Evidence Act and readiness and willingness under Section 16(c) of the Specific Relief Act, reversing the lower appellate court's decree.

11 Dec 2025

The present appeal arises from a suit for specific performance of an agreement to sell dated 12-12-1994 filed by the original plaintiff (since decease...

Supreme Court

Supreme Court Allows Appeal in Land Title Dispute Against Government — Holds That Government Cannot Unilaterally Resume Land Without Following Due Process and Payment of Compensation. Court Restores Trial Court Decree Declaring Appellants' Title Based on Valid Sale Deed and Pattadar Passbook, Setting Aside High Court's Reversal.

24 Mar 2025

The case involves a dispute over 3.34 acres of land in Kurnool District, Andhra Pradesh. The appellants claimed title through a chain of transactions ...

High Court

Bombay High Court Allows Second Appeal in Suit for Reconveyance Based on Conditional Sale Deed — Agreement to Reconvey Not Proved. Court holds that the burden of proving an oral agreement to reconvey lies on the party asserting it, and failure to discharge that burden results in dismissal of the suit.

11 Dec 2023

The case involves a second appeal filed by the defendants against the judgment and decree of the II Additional District Judge, Beed, dated 17.09.1994,...

High Court

High Court of Bombay at Goa Dismisses Appeal Against SARFAESI Proceedings — Tenant's Claim Not Established. The court held that the appellant failed to prove tenancy and that the remedy under Section 17 of the Securitisation Act is available to any person aggrieved, including tenants.

14 Feb 2020

The appellant, Modinasab Indikar, filed a first appeal before the High Court of Bombay at Goa against the order of the District Magistrate, Salcete, d...

Supreme Court

Supreme Court Dismisses Tenant's Appeal in SARFAESI Act Case — Oral Tenancy After Mortgage Not Protected. Tenant's claim of tenancy based on oral agreement after mortgage creation cannot defeat bank's right to take possession under Section 14 of SARFAESI Act.

11 Sep 2019

The present appeal arises from an order of the Chief Metropolitan Magistrate, Esplanade, Mumbai, dated 31.12.2014, rejecting the application of the ap...

Supreme Court

Supreme Court Allows Reversioners' Suit for Possession Against Tenant of Life Tenant. Life Tenant's Lease Does Not Survive Her Death; Tenant Becomes Trespasser.

16 Apr 2019

The appeal arises from a judgment of the High Court of Punjab and Haryana in a second appeal, which reversed the trial court's decree for possession i...

High Court

Bombay High Court Allows Second Appeal in Mortgage Redemption Suit — Finds Trial Court Erred in Holding Transaction as Mortgage by Conditional Sale. Document dated 15.7.1966 construed as out-and-out sale based on absence of debt and right of redemption.

8 Jul 2011

The case involves a second appeal arising from a suit for redemption of mortgage. The original plaintiffs (respondents) filed R.C.S. No. 44/1994 in th...

High Court

Bombay High Court Dismisses Second Appeal in Mortgage and Tenancy Dispute — Mortgagee's Claim of Tenancy Rights Not Established. The court held that a rent note executed by some co-owners is not binding on other co-owners, and the mortgagee's possession after redemption period cannot be converted into tenancy without consent of all co-owners.

16 Aug 2005

The appellant, Mhamulal Husen Momin, filed a second appeal against the judgment of the 5th Additional District Judge, Kolhapur, which confirmed the tr...

High Court

Bombay High Court Upholds Temporary Injunction in Favor of Plaintiff in Suit for Declaration of Title and Possession. The court found that the plaintiff had made out a prima facie case and that the balance of convenience was in his favor, restraining the bank from evicting him pending suit.

18 Mar 2005

The appeal arises from a suit filed by the respondent No.1 (original plaintiff) against the appellant (original defendant No.1) and respondent Nos.2 a...

High Court

Bombay High Court Allows Second Appeal in Mortgage Redemption Suit — Agreement of 1952 Construed as Mortgage, Limitation Period Under Article 34 of Limitation Act, 1963 Applies. The court held that the document dated 5-6-1952, though styled as a conveyance, was in fact a mortgage by conditional sale, and the suit for redemption was not barred by limitation as the mortgagee's possession did not become adverse.

20 Jan 2005

The appellants, unsuccessful plaintiffs in a suit for redemption of mortgage, filed a Second Appeal against the judgment of the first appellate court ...

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