Search Results for "possession and enjoyment"

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Madras High Court Second Appeal: Principles of Pleading in Will Disputes. Lower Appellate Court's Finding on Suspicious Circumstances Without Pleadings Held Impermissible.

The second appeal arose from a partition suit where the plaintiff claimed 4/5th share in the suit property based on a Will (Ex.A2) executed by Kamalat...

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Madras High Court Allows Second Appeal in Property Dispute — Sale Deed Found Genuine and Binding on Defendants. Court upholds concurrent findings of fact that the sale deed executed by husband of first defendant for family necessity was valid and that plaintiffs had established title and possession.

The case involves a property dispute where the original plaintiff Varadappan (since deceased, represented by respondents 2 to 8) filed a suit for decl...

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High Court of Karnataka Dismisses Appeal in Suit for Specific Performance and Injunction — Concurrent Findings of Fact Not Interfered With. Court holds that a second appeal under Section 100 CPC is not maintainable against concurrent findings of fact unless substantial question of law arises.

The appellant, Mr. Jagadish Poonja, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decre...

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High Court of Karnataka Dismisses Appeal in Specific Performance Suit — Appellant Fails to Prove Agreement to Sell. Trial court's finding that no agreement was executed and no advance paid upheld; appeal dismissed with costs.

The appellant, Mr. Jagadish Poonja, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decre...