Search Results for "constructive possession"

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Gujarat High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Suit Challenging 1973 Sale Deeds. Plaint Discloses Cause of Action and Limitation is Mixed Question of Fact and Law Under Order VII Rule 11(d) CPC.

The case involves a civil revision application filed by the defendants (applicants) in Regular Civil Suit No.140 of 2022, challenging the order dated ...

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High Court of Judicature at Bombay Dismisses Defendants' Second Appeal in Property Possession Suit Based on Oral Gift (Hiba) Under Muslim Personal Law. Concurrent Findings of Fact Regarding Valid Oral Gift and Father's Admission in Written Statement Upheld; No Substantial Question of Law Arises.

The dispute centered on ownership and possession of a property within a family, where the plaintiff, a son, claimed that his father had made an oral g...

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Bombay High Court Dismisses Revision Against Rejection of Plaint in Property Suit — Limitation and Cause of Action Are Triable Issues. Court holds that Order VII Rule 11 CPC application cannot be decided on disputed facts regarding knowledge of sale deeds and limitation.

The Bombay High Court dismissed a Civil Revision Application filed by Defendant No.15 (M/s. Mahabharat Builders) challenging the trial court's order d...

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Bombay High Court Allows Revision Against Rejection of Obstruction Application in Execution Proceedings — Emphasizes Mandatory Inquiry Under Order 21 Rule 97 CPC. Third Party Claimants Entitled to Full Inquiry Before Executing Court When They Assert Possession and Interest in Decree Property.

The case involves a civil revision application filed by Indubai D. Kothawale and others (the applicants) challenging an order dated 16 October 2023 pa...

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Supreme Court Allows Appeal in Adverse Possession Dispute Over 70-Year-Old Land Title Conflict. The Court held that the appellant had perfected title by adverse possession despite not being the true owner, based on continuous possession from 1963 to 1981 as shown in revenue records.

The dispute originated from a 1942 purchase of suit properties by Krishnamurthy S. Setlur (KS) through his general power of attorney, H.R. Narayana Iy...

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Supreme Court Adjudicates Appeal by Subsequent Purchasers Against Decree of Specific Performance of Agreement to Sell. High Court's Ruling That Original Vendees Were Entitled to Specific Performance Despite Contract Termination and Subsequent Sale Is Under Review.

These appeals before the Supreme Court arose from a common judgment of the High Court of Karnataka which allowed two appeals filed by the original ven...