Search Results for "usufructuary mortgage"

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Search Results for "usufructuary mortgage"

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High Court

High Court of Karnataka Dismisses Second Appeal in Property Dispute — Concurrent Findings of Fact Not Interfered With. Suit for Declaration of Title and Injunction Dismissed as Plaintiff Failed to Prove Possession and Title Based on Registered Sale Deed.

4 Aug 2022

The appellant/plaintiff filed a suit for declaration of title and permanent injunction in respect of three agricultural properties. He claimed to have...

High Court

Bombay High Court Dismisses Second Appeal in Mortgage by Conditional Sale Case — Foreclosure Decree Denied as Transaction Held to be Mortgage, Not Sale. The court held that the document was a mortgage by conditional sale under Section 58(c) of the Transfer of Property Act, 1882, and the appellant was not entitled to possession without a preliminary decree for foreclosure.

25 Jan 2017

The appellant, Pandurang Maruti Dombale, filed a suit for recovery of possession and profits based on a registered conditional sale deed dated 22 Nove...

High Court

Bombay High Court Allows Petition Challenging Appellate Order in Inventory Proceedings — Usufructuary Heir's Right to Sale Proceeds Upheld. Court holds that a usufructuary heir is entitled to retain sale proceeds of inherited property during her lifetime, and the Inventory Court cannot direct deposit of such proceeds.

21 Nov 2011

The petitioner, Berta Antoneta Violeta Maria Dias, aged 87, filed a writ petition challenging the judgment dated 28/04/2011 of the learned Adhoc Distr...

High Court

Bombay High Court Dismisses Appeal in Mortgage Redemption Suit — Conditional Sale Deed Constructed as Mortgage. Court holds that a deed with a reconveyance clause is a mortgage by conditional sale under Section 58(c) of the Transfer of Property Act, 1882, and the mortgagee's adverse possession claim fails due to acknowledgment of title.

15 Feb 2017

The respondent (original plaintiff) filed a suit for possession and reconveyance of an agricultural land bearing Survey No.275, admeasuring 22 Ars, cl...

High Court

Bombay High Court Dismisses Second Appeal by Mortgagee in Redemption Suit — Mortgagee's Claim of Tenancy Rejected. Usufructuary Mortgagee Cannot Convert Possession into Tenancy Without Surrender of Possession and Fresh Lease; Suit for Redemption Filed Within Limitation Period of 30 Years Under Article 61(a) of Limitation Act, 1963.

16 Aug 2005

The appellant, Mhamulal Husen Momin, was the original defendant in a suit for redemption of mortgage filed by the respondents, who were the heirs of B...

High Court

Bombay High Court Allows Redemption of Mortgage in Second Appeal — Usufructuary Mortgage with Fixed Term of 20 Years and Condition of Return of Possession Upheld. Court holds that a mortgage by conditional sale with a fixed term of 20 years and a stipulation for return of possession after expiry is a simple usufructuary mortgage, and the mortgagor's right to redeem subsists even after the term.

12 Jun 2014

The case involves a second appeal arising from a suit for redemption of mortgage filed by the respondents (plaintiffs) against the appellant (defendan...

High Court

Bombay High Court Dismisses Second Appeal in Mortgage Recovery Suit — No Substantial Question of Law Arises. Transfer of Mortgage Rights Requires Proper Registration Under Section 17 of Registration Act, 1908.

5 Mar 2014

The appellant, Milagres Sales Coutinho, filed a second appeal before the Bombay High Court at Goa challenging the judgment and order dated 22.06.2012 ...

High Court

Bombay High Court Allows Second Appeals in Property Dispute, Remands for Fresh Consideration on Issue of Limitation and Adverse Possession. The court held that the lower appellate court failed to properly analyze evidence regarding the starting point of limitation under Article 65 of the Limitation Act, 1963, and the plea of adverse possession.

30 Nov -0001

The case involves a property dispute in Velim, Goa. The appellants (legal heirs of Egidio Joaquim Fernandes and others) filed a suit for possession of...

Supreme Court

Supreme Court Allows Appeal in Land Title Dispute Against Government — Holds That Government Cannot Unilaterally Resume Land Without Following Due Process and Payment of Compensation. Court Restores Trial Court Decree Declaring Appellants' Title Based on Valid Sale Deed and Pattadar Passbook, Setting Aside High Court's Reversal.

24 Mar 2025

The case involves a dispute over 3.34 acres of land in Kurnool District, Andhra Pradesh. The appellants claimed title through a chain of transactions ...

High Court

High Court of Karnataka Dismisses Second Appeals in Land Dispute, Upholding Concurrent Findings of Courts Below. Suit for Declaration of Title and Injunction Dismissed as Plaintiffs Failed to Prove Possession and Title Over Suit Property.

25 Apr 2024

The present appeals arise out of a suit for declaration of title and permanent injunction filed by the appellants (plaintiffs) against the respondent ...

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