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Supreme Court Dismisses Appeal Against Eviction Decree Based on Concurrent Findings of Fact — Licence and Ownership Established Through Agreement to Sell and Will. No Interference with Concurrent Findings of Fact as Defendant Failed to Prove Fraud or Manipulation.

The case involves a civil suit for eviction and mesne profits filed by the plaintiff-respondent (Yogendra Rathi) against the defendant-appellant (Ghan...

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Supreme Court Upholds Firm's Ownership Over Property Contributed by Partner in Hotel Partnership Case. Relinquishment Deed and Partnership Act Section 14 Confirm Property as Firm Asset, Not Inheritable by Legal Heirs.

The dispute arose from a partnership firm, M/s Hotel Alka Raje, constituted in 1972 by late Bhairo Prasad Jaiswal and his brother Hanuman Prasad Jaisw...

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High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for Declaration and Injunction Dismissed as Plaintiff Failed to Prove Title and Possession.

The Regular Second Appeal was filed by the legal representatives of the original plaintiff, Alisab, against the judgment and decree dated 03.01.2006 p...

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Gujarat High Court Allows Appeal Against Rejection of Plaint in Specific Performance Suit — Limitation Period Runs from Date of Knowledge of Breach. Agreement to Sell Executed in 2014, Suit Filed in 2024 Held Not Ex-Facie Time-Barred as Plaintiff Discovered Sale to Third Parties Only on 17.01.2024.

The appellant-plaintiff filed a suit for specific performance of an agreement to sell dated 03.05.2014 for land bearing Survey No.914/2/3 at Mouje Vat...

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Supreme Court Upholds High Court's Decision on Auction Sale: Statutory Violations Render Sale Null and Void. Despite recognizing significant procedural breaches, the Supreme Court offers the appellant a chance to retain the industrial property by settling liabilities.

The legality of an auction sale conducted by the Tahsildar and confirmed by the Additional Collector, which was later contested on the grounds of stat...

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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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Supreme Court Allows Landlord's Appeal in Eviction Case — Concurrent Findings of Lower Courts Restored. Relationship of Landlord and Tenant Established Through Circumstantial Evidence and Tenant's Failure to Prove Adverse Possession.

The dispute pertains to two shop rooms in Berhampur, Orissa, originally owned by Smt. Ashalata Devi. The plaintiff claimed to be her adopted son and i...