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High Court of Karnataka Dismisses Second Appeal in Partition Suit, Upholds Concurrent Findings of Courts Below. Court holds that a co-owner in possession of joint family property cannot claim adverse possession against other co-owners unless there is ouster or denial of title.

The case involves a second appeal filed by the legal heirs of the original defendant No.1 (since deceased) against the judgment and decree dated 01.10...

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High Court of Karnataka Hears Second Appeal Against Concurrent Decrees Declaring Plaintiffs' Title and Granting Permanent Injunction. Appeal Challenges Findings on Title Based on Sale Deed and Possession, with Defendants Claiming Title as Widow and Subsequent Purchaser.

The litigation arose from a suit for declaration of title and permanent injunction filed by the plaintiffs, who are the sons of Poojari Lingappa. They...

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High Court of Karnataka Allows Regular First Appeal, Dismisses Suit for Cancellation of Partition Deed Due to Failure to Prove Duress. Power of Attorney Holder Cannot Testify on Party's State of Mind; Adverse Inference Drawn Against Plaintiff for Non-Examination.

The litigation arose out of a suit filed by the father against his daughter-in-law seeking cancellation of a partition deed and perpetual injunction. ...

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High Court of Madras Hears Appeal From Trial Court's Preliminary Decree Partitioning Self-Acquired Property into Six Equal Shares. Appellants Contend Oral Partition and Superstructure Construction Entitle Them to Larger Shares.

The dispute arose from a suit for partition and permanent injunction filed by the plaintiffs (respondents) against the defendants (appellants) in resp...

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Bombay High Court Dismisses First Appeal Against Limitation Dismissal of Temple Rights Suit. Court Holds Section 10 of Limitation Act Inapplicable as Suit Seeks Declaration and Injunction, Not Possession of Trust Property.

The Bombay High Court, Aurangabad Bench, heard a first appeal preferred by the original plaintiffs against the dismissal of their trust suit by the Di...

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Bombay High Court Dismisses Civil Revision Application in Rent Control Dispute — Lease Deed Not Required to Be Registered Under Section 107 of Transfer of Property Act, 1882 for Monthly Tenancy. Tenant's Possession Held to Be Lawful Under Agreement of Lease, Not Liable for Eviction.

The plaintiff, Mahendra Valji Rathod, filed a Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908, challenging the judgm...

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Supreme Court Allows Appeal in Property Dispute, Holds Sale Deed as Absolute Conveyance Not Mortgage. Separate Agreement for Reconveyance Cannot Convert Sale into Mortgage Under Section 58(c) of Transfer of Property Act, 1882.

The dispute arose from a transaction involving agricultural land measuring 6 acres 2 guntas in Survey No.2/A. The plaintiff (respondent) had taken fin...

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High Court of Karnataka Dismisses Regular Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Agreement to Sell Dated 09.01.2012 Proved, Readiness and Willingness Established, and Limitation Issue Rejected.

The present Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) was filed by the defendants (appellants) against the ju...

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Bombay High Court Partially Allows Contractor's Appeal in Blast Hole Drilling Dispute, Upholds Rate of Rs.115 per Meter for Work Done Without Formal Contract. Court Holds That Absence of Formal Agreement Does Not Preclude Payment on Quantum Meruit Basis for Work Actually Performed and Accepted.

The case involves two cross-appeals arising from a suit for recovery of Rs.22,76,673/- filed by M/s. Shri Sowmiya Enterprises (plaintiff/contractor) a...