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High Court of Karnataka Dismisses Tenant's Second Appeal in Eviction Suit — Concurrent Findings of Default in Payment of Rent and Subletting Upheld. Section 100 CPC Appeal Fails as No Substantial Question of Law Arises.

The appellant, Abdul Hamed, was the first defendant in Original Suit No. 144/2008 filed by the respondents (plaintiffs) before the Principal Civil Jud...

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High Court of Karnataka Dismisses Second Appeal in Property Partition Suit — Confirms Half Share to Plaintiff. Sale Deed Executed by Father Without Legal Necessity Held Not Binding on Daughter as Coparcener Under Hindu Succession Act, 1956.

The case involves a second appeal filed by the defendants (appellants) against the judgment and decree in R.A. No. 207/1997, which confirmed the trial...

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ARBITRATION PETITION (L) NO. 1793 OF 2013

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High Court of Karnataka Dismisses Second Appeal in Partition Suit — Concurrent Findings of Courts Below Upheld. Co-owner in possession cannot claim adverse possession against other co-owners without clear ouster; suit for partition not barred by limitation under Article 65 of Limitation Act, 1963.

The present regular second appeal arises out of a partition suit originally filed as O.S. No. 9/1993 on the file of the Munsiff & JMFC, Koratagere. Th...

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High Court of Karnataka Dismisses Appeal in Property Dispute — Upholds Trial Court's Decree for Declaration and Permanent Injunction. Plaintiff's Title Established Through Registered Sale Deed and Tax Records, Defendant's Adverse Possession Claim Fails for Lack of Evidence.

The Regular First Appeal was filed by the defendant against the judgment and decree dated 16.4.2009 passed by the XV Additional City Civil Judge, Bang...

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Supreme Court Upholds Full Ownership for Widow under Hindu Succession Act, 1956. Widow's Pre-1956 Acquisition via Partition Award Confers Absolute Rights under Section 14(1), Not Restricted Estate under Section 14(2).

A Hindu male, who owned self-acquired properties, died in 1947 leaving behind five sons and a widow. In 1950, the heirs appointed an arbitrator to par...

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High Court of Karnataka Hears Regular First Appeals in Specific Performance and Permanent Injunction. Trial Court Dismissed Specific Performance Suit and Decreed Injunction; Plaintiff's Claim of Agreement to Sell and Possession Not Accepted, Subsequent Purchaser's Possession Protected.

The Regular First Appeals arose from a common judgment dated 13.09.2005 by the I Additional City Civil and Sessions Judge, Bengaluru, in two suits: O....

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High Court of Judicature at Bombay Dismisses Objections to Maintainability and Limitation in Suit for Recovery of Trust Property. Civil Court Jurisdiction Not Ousted Under Maharashtra Public Trusts Act, 1950; Suit for Recovery of Shares by Public Charitable Trusts Not Barred by Limitation.

The case concerned a notice of motion taken out by two public charitable trusts, the J.V. Gokal Charity Trust and Shree Krishna Foundation, against Co...