Search Results for "vendor's defective title"

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Search Results for "vendor's defective title"

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High Court

Deemed Conveyance under MOFA Cannot Be Set Aside Merely on Technical Objections When Developer Fails to Execute Conveyance – Bombay High Court

24 Feb 2026

The dispute arose when a cooperative housing society sought deemed conveyance of the land and building from the developer who had failed to execute th...

High Court

High Court of Karnataka Dismisses Second Appeal in Property Title Dispute Involving Multiple Previous Suits. Court Examines Maintainability Under Order 2 Rule 2 CPC and Relief Requirements Under Section 34 of Specific Relief Act, 1963 Regarding Declaration Without Consequential Possession.

16 Feb 2026

The dispute originated from a property suit O.S.No.156/2010 filed by seven plaintiffs seeking declaration of title and permanent injunction regarding ...

High Court

Madras High Court Dismisses Appeal in Title Suit — Plaintiff Fails to Prove Title and Possession Over Suit Property. Declaration of Title Denied as Sale Deed Did Not Contain Approved Layout Plan and Plaintiff Failed to Establish Continuous Possession.

6 Feb 2026

The appellant, T.S. Krishnamoorthy, filed an appeal against the dismissal of his suit O.S. No. 13520 of 2010 by the VII Additional Judge, City Civil C...

High Court

High Court of Karnataka Allows Regular Second Appeal in Property Dispute — Suit for Declaration and Injunction Dismissed Due to Failure to Prove Title and Possession. Court holds that plaintiffs must establish title and possession independently, and that a co-owner in exclusive possession of a portion cannot be dispossessed without due process of law.

25 Sep 2025

The appellants, who were the plaintiffs in the original suit, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, ag...

Supreme Court

Supreme Court Dismisses Contempt Petitions for Alleged Wilful Disobedience of Earlier Judgment in SARFAESI Auction Dispute — No Contempt Made Out as Subsequent Transfers Were Not in Breach of Court Orders. The Court held that the earlier judgment did not contain any specific direction restraining transfers, and the respondents had acted under colour of subsequent orders from the DRT and High Court.

13 Dec 2024

The Supreme Court dismissed contempt petitions filed by Celir LLP, the successful auction purchaser, alleging wilful disobedience of its earlier judgm...

High Court

Bombay High Court Dismisses Writ Petition Challenging Rejection of Deemed Conveyance Under MOFA Due to Pending Title Dispute. Availability of Alternate Civil Suit Remedy Renders Writ Petition Under Article 227 Not Maintainable.

21 Nov 2024

The petitioner, M/s. Blue Heaven Co-op Housing Society Ltd., filed a writ petition under Article 227 of the Constitution of India challenging the orde...

High Court

Bombay High Court Allows Plaintiff's Second Appeal in Possession Suit — Part Performance Protection Under Section 53-A of Transfer of Property Act, 1882 Denied to Purchasers for Failure to Show Readiness and Willingness. Agreement for Sale Held Unenforceable Due to Non-Compliance with Income Tax Act, Making Performance Impossible.

21 Jan 2022

The plaintiff, owner of the suit property, filed a suit for recovery of possession against the defendants who were purchasers in possession under an a...

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 Property Dispute: Transfer of Property Act Section 43 Protects Purchaser When Vendor Subsequently Acquires Title. The Court held that the doctrine of feeding the grant by estoppel under Section 43 of the Transfer of Property Act, 1882, applies when a vendor sells land without title at the time of sale but later acquires title, and the purchaser is entitled to the benefit of the subsequently acquired interest.

1 Feb 2019

The appellant, Tanu Ram Bora, purchased suit land by a registered sale deed dated 06.01.1990 from Pranab Kumar Bora, husband of defendant no.2 and fat...

High Court

Bombay High Court Dismisses Second Appeal in Property Partition Suit — Concurrent Findings of No Joint Purchase Upheld. Suit for Declaration of Ownership and Partition Dismissed as Plaintiffs Failed to Prove Joint Purchase of Suit Property in 1957.

23 Mar 2018

The case involves a property dispute between descendants of two brothers, Ramchandra Ingole and Trimbakrao Ingole, who had partitioned joint family pr...

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