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Search Results for "Original Vendee"

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Supreme Court

Supreme Court Allows Appeal in Conditional Sale Dispute — Holds That Transaction Was a Sale with Condition of Repurchase, Not a Mortgage. The Court restored the Trial Court's decree dismissing the suit for specific performance, finding that the conditional sale deed dated 5.8.1977 was an out-and-out sale with a condition of repurchase, and the suit filed in 1983 was premature as the condition could only be exercised by July 1984.

4 Jul 2023

The case involves a dispute over a property in Patna. Kishori Lal Sahu, the original owner, along with his son, executed a conditional sale deed dated...

Supreme Court

Supreme Court Dismisses Defendants' Appeal in Specific Performance Suit, Upholding Grant of Relief. Concurrent Findings on Validity of Agreement to Sell and Payment of Consideration Are Not Interfered With Under Article 136 of the Constitution of India, and Agreement Cannot Be Treated as Loan Document.

22 Mar 2022

The dispute arose from an agreement to sell dated 11.02.2004, where Gurmeet Singh, predecessor-in-interest of the defendants, agreed to sell land to J...

Supreme Court

Supreme Court Dismisses Appeal in Pre-emption Case, Holding Limitation Runs from Each Sale Under Rajasthan Pre-Emption Act, 1966. Each Sale of Property Gives Fresh Cause of Action for Pre-emption, and Failure to Challenge Earlier Sales Does Not Bar the Right Under Article 97 of Limitation Act, 1963.

13 Oct 2020

The appeal arose from a suit for pre-emption filed by the predecessor-in-interest of respondent No.1 (original plaintiff) against the appellant and ot...

Supreme Court

Supreme Court Partially Allows Specific Performance of Sale Agreement Despite Prior Oral Agreement - Vendor's Breach and Bona Fide Purchaser Protection. The court upheld the concurrent findings that the subsequent vendee is entitled to specific performance only of the portion not covered by a prior registered sale deed in favour of a bona fide purchaser without notice under the Specific Relief Act, 1963.

18 Sep 2020

The case involves a dispute over the specific performance of an agreement for sale of land. The Vendor, B. Santoshamma, purchased 300 sq. yards of lan...

Supreme Court

Supreme Court Allows Appeal in Pre-emption Case Under Rajasthan Pre-emption Act, 1966 — Right of Pre-emption Not Available Where Vendee Has Equal or Inferior Right. Court Holds That Under Section 5(1)(c) of the Act, a Claimant Must Have a Superior Right to That of the Vendee; Otherwise, No Right Accrues.

17 Jan 2020

The appeal arises from a judgment of the Rajasthan High Court dismissing a second appeal under Section 100 of the Code of Civil Procedure, 1908. The d...

Supreme Court

Supreme Court Allows Appeal in Pre-emption Case Under West Bengal Land Reforms Act — Full Consideration Must Be Deposited at Time of Filing Application. The Court held that the pre-emptor must deposit the entire consideration as per the sale deed, not a self-assessed amount, and failure to do so renders the application invalid.

17 Oct 2019

The case involves a dispute over the right of pre-emption under the West Bengal Land Reforms Act, 1955. The appellants purchased a plot of land from t...

Supreme Court

Supreme Court Upholds Specific Performance Decree in Land Sale Dispute — Plaintiff's Readiness and Williness Established Despite Delay in Deposit of Balance Consideration. The court affirmed that the defendant's failure to produce title documents and the plaintiff's deposit of balance consideration within extended time demonstrated the plaintiff's readiness and willingness under the Specific Relief Act, 1963.

9 May 2019

The appellant, Beemaneni Maha Lakshmi, purchased suit property admeasuring 17 acres 39 cents by a registered sale deed dated 6.10.1971. The land was s...

High Court

High Court of Karnataka Dismisses First Defendant's Appeal in Partition Suit — Confirms Concurrent Findings on Joint Family Property and Limitation. Suit for partition and separate possession of joint family properties held not barred by limitation as possession of co-owner is possession on behalf of all co-owners under Hindu law.

18 Mar 2015

This is a first defendant's appeal against the judgment and decree dated 09.04.2010 passed in R.A. No.255/2002 on the file of the Presiding Officer, F...

High Court

High Court of Karnataka Dismisses First Defendant's Appeal in Partition Suit — Confirms Concurrent Findings on Joint Family Property and Limitation. Court holds that suit for partition is not barred by limitation as long as the plaintiff remains in joint possession and that a co-parcener can seek partition of joint family property even after a preliminary decree.

18 Mar 2015

This is a first defendant's second appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree dated 09.04.2010 pas...

Supreme Court

Supreme Court Adjudicates Appeal by Subsequent Purchasers Against Decree of Specific Performance of Agreement to Sell. High Court's Ruling That Original Vendees Were Entitled to Specific Performance Despite Contract Termination and Subsequent Sale Is Under Review.

1 Jan 1970

These appeals before the Supreme Court arose from a common judgment of the High Court of Karnataka which allowed two appeals filed by the original ven...

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