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Bombay High Court Allows Appeals in Specific Performance Suit — Agreement to Sell Not Proved, but Alternative Relief of Damages Granted. Court holds that failure to prove agreement does not bar claim for earnest money refund under Section 22 of Specific Relief Act, 1963.

The appellant, an architect, filed three suits for specific performance of agreements to sell immovable property against Gustavo Pinto and Lucio Miran...

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Karnataka High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement to Sell Not Proved as Plaintiff Failed to Establish Readiness and Willingness to Perform Contract.

The appellant, Annarao, filed a suit for specific performance of an agreement to sell dated 28.08.1986, allegedly executed by the respondent, Gopal Ra...

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Bombay High Court Allows Second Appeal in Property Dispute, Restores Trial Court Decree for Possession and Damages. Defendant's Possession Not Protected Under Section 53A of Transfer of Property Act, 1882 Due to Breach of Contract and Non-Performance.

The case involves a second appeal filed by the original plaintiff, Deorao Balaji Bhoyar (since deceased, through legal representatives), against the j...

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Bombay High Court at Goa Dismisses Appeal Challenging Declaration of Partition Deed as Null and Void. Partition Deed Executed Without Consent of All Co-Owners and Without Legal Necessity is Void Under Transfer of Property Act, 1882 and Specific Relief Act, 1963.

The case involves a family property dispute among the heirs of Hyder Kassim Khan. The plaintiffs, including the widow and son of one of the brothers, ...

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Supreme Court Upholds Referral to Arbitration Despite Fraud Allegations in Development Agreement Dispute. Arbitration Clause Survives Challenge When Fraud Relates to Inducement Not Affecting Contractual Terms.

The appeal arose from a civil suit filed by Deccan Paper Mills Co. Ltd. (appellant) against Regency Mahavir Properties and others (respondents) seekin...

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High Court of Karnataka Hears Two Regular Second Appeals Challenging Dismissal of Suits for Specific Performance and Permanent Injunction. Court Delivers Judgment on Substantial Questions of Law Concerning Execution of Agreement of Sale, Possession, and Limitation.

These two regular second appeals arose from cross-suits concerning an agreement of sale dated 22.03.1985 over agricultural land bearing RS No. 17/1 of...

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Supreme Court Allows Plaintiff's Claim for Possession in Property Dispute Based on Title and Rejects Adverse Possession Defense. Licensee's Possession Cannot Be Converted into Adverse Possession Without Clear Evidence of Ouster.

The dispute pertained to a suit property in Bangalore. The original plaintiff, A. Krishnappa, claimed ownership of the property as joint family proper...

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High Court of Karnataka Dismisses Appeal in Partition Suit — Upholds Trial Court's Finding of No Common Property. Suit for partition and separate possession fails as plaintiff failed to prove that suit schedule properties were joint family properties.

The appellant, Domegunta Venkatasesha Reddy, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment ...