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Supreme Court

Supreme Court Reverses Appellate Decisions and Upholds Trial Court Decree in Property Dispute Involving Registered Sale Deed. The Court held that the registered sale deed is valid as fraud was not proven, oral evidence cannot contradict its terms under Section 91 of the Evidence Act, 1872, and amendments to pleadings after long delay were improper, with the second suit barred by res judicata under Section 11 of the Code of Civil Procedure, 1908.

30 Sep 2021

The dispute arose between brothers over property ownership following a registered sale deed dated 14.9.1970. The plaintiff (elder brother) filed a sui...

Supreme Court

Supreme Court Allows Appeal in Property Dispute — High Court Erred in Reversing First Appellate Court's Refusal of Possession Without Framing Substantial Question of Law. Second Appeal Under Section 100 CPC Cannot Be Entertained Without Formulating a Substantial Question of Law.

27 Aug 2020

The case involves a property dispute between Nazir Mohamed (appellant) and J. Kamala (respondent) over a building and premises in Aduthurai, Tamil Nad...

Supreme Court

Supreme Court Remands Execution Sale Dispute for Limitation Determination. High Court's Order Setting Aside Auction Sale Set Aside for Ignoring Supreme Court's Direction to Decide Limitation First.

17 Mar 2020

The dispute arises from execution proceedings of a decree passed in favour of Shree Mahalaxmi Mercantile Coop Bank Ltd. (R2) against M/s. Abhilasha Co...

Supreme Court

Supreme Court Dismisses Appeal in Property Dispute Over Auction Sale — Upholds High Court's Finding That Auction Purchaser Was Real Owner, Not a Benami Front. The court held that the plaintiffs failed to prove that the auction purchaser was a benami for the original owner, and the suit was barred under Section 66(1) of the Code of Civil Procedure, 1908.

17 Mar 2020

The plaintiffs, wife and legal heirs of Govindasamy, filed a suit to set aside an auction sale of 1955 and seek possession of the suit property. The s...

Supreme Court

Supreme Court Allows Appeal in Execution Proceedings Due to Lack of Proper Service of Summons. Court Auction Sale Set Aside Upon Payment of Agreed Decree Amount.

11 Feb 2020

The dispute arose from a money decree in O.S. No. 271 of 1999 filed by the respondent-decree holder against the appellant-judgment debtor. The suit wa...

Supreme Court

Supreme Court Allows Bank's Appeal for Return of Original Documents in SARFAESI Auction Dispute. The Court held that the bank is entitled to return of original title deeds deposited in a pending DRT proceeding to hand over to the auction purchaser, as the sale under SARFAESI Act is independent and the validity of mortgage can be adjudicated using photocopies.

1 Jan 2020

The Supreme Court allowed the appeal filed by the State Bank of India against the High Court order that had refused to return original documents depos...

Supreme Court

Supreme Court Upholds Decree Holder's Possession Despite Irregular Police Assistance in Execution — Judgment Debtor with No Subsisting Right Cannot Claim Restoration. The Court declined to restore possession to a judgment debtor who had no right, title or interest in the suit property, even though the delivery of possession was effected with police assistance without prior court order under Order 21 CPC.

9 Aug 2019

The case involves a dispute over possession of suit lands between Om Parkash (decree holder) and Amar Singh (judgment debtor). The decree holder purch...

Supreme Court

Supreme Court Allows Suit Based on Adverse Possession — Overrules Earlier View That Adverse Possession Can Only Be Used as Shield. Plaintiff Who Has Perfected Title by Adverse Possession Can Sue for Declaration and Protection or Recovery of Possession.

7 Aug 2019

The Supreme Court addressed the question whether a person claiming title by adverse possession can maintain a suit for declaration of title and for pr...

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