Search Results for "Declaration of Title"

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Supreme Court

Supreme Court Dismisses Appeal in Wakf Property Dispute Due to Res Judicata Bar from Prior Representative Suit and Compromise Decree. The Court Held That a Judgment in a Representative Suit Under Section 92 of the Code of Civil Procedure, 1908, Binds All Interested Parties Under Explanation IV to Section 11, and a Compromise Decree Precludes Re-agitation of Title Issues, Affirming Lower Court Decisions.

23 Sep 2021

The dispute centered on a property claimed as wakf by the Jamia Masjid Gubbi, represented by its President, against defendants including successors of...

Supreme Court

Supreme Court Dismisses Appeals in Land Title and Specific Performance Dispute, Upholding High Court's Reversal of First Appellate Court Decree. High Court Correctly Exercised Jurisdiction Under Section 100 CPC by Framing Substantial Question of Law on Genuineness of Agreement to Sell and Examining Document Under Section 73 Evidence Act, 1872.

9 Sep 2021

The dispute arose from two civil suits concerning land transactions in Karnataka. The respondent, as plaintiff in the first suit (OS No.20/1985), soug...

Supreme Court

Supreme Court Allows Appeal in Property Injunction Suit, Reversing High Court's Remand Order. Suit for Permanent Injunction Without Declaration of Title Held Maintainable Under Principles from Anathula Sudhakar Case, as Possession Was Established and Title Not Directly in Issue, Restoring Trial Court Decree Based on Concurrent Findings of Fact.

7 Sep 2021

The dispute arose from a civil suit filed by the appellant-plaintiff seeking a permanent injunction to restrain the respondent-defendant from trespass...

Supreme Court

Supreme Court Reverses High Court Decision on Suit for Permanent Injunction - Title Dispute Not a Bar to Injunction Suit. The Court held that a suit for permanent injunction simpliciter can be maintainable even when title is disputed, depending on the complexity of the title issues, as per principles established in Anathula Sudhakar v. P. Buchi Reddy, and remanded the case for fresh consideration.

7 Sep 2021

The dispute arose from a civil appeal before the Supreme Court, where the appellant-plaintiff challenged a High Court judgment that allowed an appeal ...

Supreme Court

Supreme Court Dismisses Appeal in Property Title Dispute, Upholding High Court's Reversal of Trial Court Decree. The Court held that the appeal remained maintainable despite a defendant's death as the legal representative was already on record, and affirmed the High Court's decision based on insufficient evidence to prove title under the Code of Civil Procedure, 1908.

1 Sep 2021

The dispute involved a civil suit for declaration of title and recovery of possession of a house in Hyderabad. The Plaintiffs, P. Ishwari Bai and her ...

Supreme Court

Supreme Court Dismisses Appeal in Property Title Dispute Due to Failure to Establish Title and Upholds High Court's Evidence Appreciation. Appeal Maintained Despite Death of Defendant as Legal Representative Was Already on Record Under Order XLI Rule 4 of Code of Civil Procedure, 1908.

1 Sep 2021

The dispute originated from a suit for declaration of title and recovery of possession filed by P. Ishwari Bai (first plaintiff) and her husband Narso...

Supreme Court

Supreme Court Upholds Rejection of Plaint in Civil Suit Due to Failure to Seek Necessary Declarations Under Specific Relief Act. The suit was barred under Section 34 of the Specific Relief Act, 1963, as the plaintiff admitted executing sale deeds as security but did not seek declarations regarding their validity, leading to rejection under Order 7 Rule 11(d) of the Code of Civil Procedure, 1908, with no amendment permitted after rejection.

20 Jul 2021

The dispute originated from a suit filed by the plaintiff (appellant) against multiple defendants (respondents) concerning property transactions and a...

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 Allows Plaintiff's Claim for Possession in Property Dispute Based on Title and Rejects Adverse Possession Defense. Licensee's Possession Cannot Be Converted into Adverse Possession Without Clear Evidence of Ouster.

26 Aug 2020

The dispute pertained to a suit property in Bangalore. The original plaintiff, A. Krishnappa, claimed ownership of the property as joint family proper...

Supreme Court

Supreme Court Upholds Referral to Arbitration Despite Fraud Allegations in Development Agreement Dispute. Arbitration Clause Survives Challenge When Fraud Relates to Inducement Not Affecting Contractual Terms.

19 Aug 2020

The appeal arose from a civil suit filed by Deccan Paper Mills Co. Ltd. (appellant) against Regency Mahavir Properties and others (respondents) seekin...

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