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Bombay High Court in Second Appeal Determines Whether Two Sale Deeds Give Rise to Distinct Causes of Action Under Order 2 Rule 2 CPC; Legal Heirs' Challenge to Second Alienation Not Barred by Splitting of Claims.

The litigation arose from two alienations of ancestral land by one Tikaram. Tikaram had sold 3.20 acres out of Khasra No. 189 to the defendants by a s...

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Secondary Evidence and Power of Attorney in Property Transactions: Supreme Court Clarifies Scope of Section 65 Evidence Act and Section 100 CPC i

n Tharammel Peethambaran v. T. Ushakrishnan, the dispute arose from the sale of immovable property executed by the defendant acting as an alleged agen...

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Bombay High Court Dismisses Second Appeal in Property Dispute, Upholds Prior Sale as Valid Despite Unregistered Deed. Subsequent Purchaser's Deed Declared Void Ab Initio Due to Notice of Earlier Sale Under Transfer of Property Act, 1882.

The dispute pertains to a portion of land admeasuring 1.70 hectares out of Survey No.13/1 of village Shelavli, Palghar. The plaintiffs (Respondent Nos...

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Supreme Court Allows Appeal in Possession Suit Based on Registered Sale Deed — Title Not Extinguished by Subsequent Mutation or Revenue Entries. Registered sale deed confers absolute title and possession; subsequent revenue entries or mutation do not affect title unless set aside by competent court.

The appeal arises from a suit for possession filed by the plaintiff-appellant (since deceased, represented by legal representatives) against the defen...

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Bombay High Court Dismisses Revision Against Rejection of Plaint in Property Suit — Limitation and Cause of Action Are Triable Issues. Court holds that Order VII Rule 11 CPC application cannot be decided on disputed facts regarding knowledge of sale deeds and limitation.

The Bombay High Court dismissed a Civil Revision Application filed by Defendant No.15 (M/s. Mahabharat Builders) challenging the trial court's order d...

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Madras High Court Allows Bank's Writ Petition for Registration of SARFAESI Sale Certificate Despite Prior Sale Deeds by Mortgagor. Sub-Registrar Directed to Register Sale Certificate as Unauthorised Sales by Mortgagor Do Not Bind Secured Creditor.

The case involved a writ petition filed by Canara Bank under Article 226 of the Constitution seeking a mandamus to direct the Sub-Registrar, Kelamanga...