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Supreme Court Dismisses Plaintiffs in Property Declaration Suit Due to Omission of Possession Relief. Suit for Declaration and Injunction Held Not Maintainable Under Section 34 of Specific Relief Act, 1963 as Plaintiff, Not in Possession, Failed to Seek Further Relief of Possession.

The dispute originated from a suit filed in 1987 by Arakeri Abbaiah, the original plaintiff, seeking declaration of ownership and permanent injunction...

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Supreme Court Dismisses Partition Suit for HUF Properties — Burden of Proof Not Discharged. Plaintiff Failed to Establish Existence of Hindu Undivided Family Between Two Brothers Despite Alleged Joint Business and Property Acquisitions.

The case involves a dispute over properties claimed to be part of a Hindu Undivided Family (HUF). The plaintiff, Bhagwat Sharan, filed a suit for part...

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Bombay High Court Dismisses Second Appeal in Possession Suit — Licensee Status Upheld. Brother-in-law held to be gratuitous licensee, not co-owner, as plaintiff proved self-acquisition of property under Transfer of Property Act, 1882.

The case involves a dispute between Sujata Ashok Moon (plaintiff/respondent) and Rajendra Parasramji Moon (defendant/appellant) over possession of a t...

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High Court Dismisses Writ Petition Challenging Surplus Land Determination Under Ceiling Act — Transfers Held Benami and Family Unit Correctly Constituted. Landholders Failed to Prove Genuineness of Transfers After Appointed Day Under Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961.

The petitioners, Irant, Sharanappa, and Mallikarjun Wadikar, residents of Makni, Taluka Omerga, District Osmanabad, owned agricultural land at Village...

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Supreme Court Upholds Indemnity Claim for Loss of Ownership Despite Continued Possession. Indemnity Bond Enforceable When Purchaser's Title Defeated by Creditor's Sale, Even Without Dispossession.

The dispute arose from a sale of land by a father (second defendant) of property belonging to himself and his minor son (third defendant). To protect ...