Search Results for "prior mortgagee suit"

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Bombay High Court Allows Second Appeal in Specific Performance Suit — Upholds Agreement to Sell Despite Non-Payment of Balance Consideration. Court Holds That Time Was Not of Essence in Absence of Express Stipulation and That Possession Delivered Under Agreement Constitutes Part Performance.

The dispute arose out of an agreement to sell dated 1st June 1978 executed by the original defendant No.2 (since deceased, represented by appellants) ...

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Supreme Court Hears Appeal on Limitation Issue Regarding Temple Property Alienations. High Court had applied Art. 134-B of Limitation Act, 1908 and rejected adverse possession claim since alienor was alive.

The dispute concerned lands granted in inam to a temple. By 1929, the manager of the temple had sold all the properties through various sale deeds and...

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Bombay High Court Dismisses Application to Revoke Leave Granted Under Clause XII of Letters Patent Act, 1866 in Commercial Suit for Loan Recovery. Execution of Assignment Deed in Mumbai Constitutes Part of Cause of Action, Sufficient to Maintain Suit.

The Plaintiff, PIL Industries Limited, a company registered in Mumbai, filed a suit against Deccan Chronicle Holdings Ltd. (Defendant No.1) and others...

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Madras High Court Allows Writ Petition Challenging Refusal to Register Settlement Deed Due to Non-Application of Mind by Sub-Registrar. Sub-Registrar's Refusal Based on Missing Original Sale Deed and Non-Mutation of Revenue Records Held Invalid Under Section 35 of Registration Act, 1908.

The petitioner, Sorkathkani, and her husband purchased a property measuring 2.5 cents in Shenkottai Town through a registered sale deed dated 2003 (Do...

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High Court of Karnataka Quashes E-Auction Notice and Sale Certificate in SARFAESI Act Case Due to Violation of Rule 8(6) of Security Interest (Enforcement) Rules, 2002. Failure to Serve 30-Day Notice Before Auction Renders Sale Void.

The petitioners, Sri T.S. Nataraj, Sri Harsha N., and Smt. N. Seema, filed a writ petition under Articles 226 and 227 of the Constitution of India bef...