Transfer of Property Act, 1882

The landlords, trustees of a trust, sued the tenant for eviction under Section 13(1)(b) of the West Bengal Premises Tenancy Act, 1956, alleging that the tenant had erected a permanent structure without the landlord's consent by replacing a tin‑sheet roof with a concrete slab and constructing a brick passage. The trial …

The promoter, Nahalchand Laloochand Pvt. Ltd., developed a building and sold flats to members of Panchali Co‑operative Housing Society Ltd., asserting a right to sell 25 stilt parking spaces as separate units. The society contended that the promoter could not sell those spaces because they were not "flats" under the Ma…

The appellant, T.K. Lathika, became the owner of a building by gift deed in 1980 and entered into a fresh lease with the long‑term tenant. She filed an eviction petition under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 on 1 July 1981, before the one‑year moratorium period prescribed in the…

The Supreme Court examined an eviction suit under the A.P. Buildings (Lease, Rent & Eviction) Control Act, 1960 where the landlord, a co‑owner of a disputed property, sought possession of premises occupied by tenants who had transferred possession to third parties that had bought only part of the co‑owners' shares. The…

The appellant, D.S. Parvathamma, claimed that an agreement to purchase the suit premises made in 1970 had placed her in possession as a prospective vendor and sought protection of that possession under Section 53A of the Transfer of Property Act, 1882. The respondent, A. Srinivasan, a subsequent bona‑fide transferee wh…

The original owner, Prakash Singh, mortgaged his land to Basant Kaur for Rs 7,000 in 1968, the mortgage deed stipulating a term of 99 years. After Basant Kaur's death, the appellants stepped into her shoes as mortgagees in possession. In 1987 the mortgagor sold a portion of the mortgaged land to the respondent, who hel…

Silverline Forum Private Limited, the new owner of a flat, obtained a decree for ejectment against its tenant Rajiv Trust for sub‑letting without consent. While executing the decree, the bailiff was resisted by the second respondent, a sub‑tenant of the first sub‑tenant, who claimed he was not a party to the decree. Th…

The respondent, a Masjid, sued the appellants for eviction and arrears of rent, claiming the tenancy had been determined. The appellants argued that the lease termination was a forfeiture under Section 114-A of the Transfer of Property Act and that the premises were exempt from the Rajasthan Premises (Control of Rent a…

The State of West Bengal issued a notification under the West Bengal Estates Acquisition Act, 1953 covering the tea garden of Singell Tea and Agricultural Industries Ltd., and the Revenue Officer assessed rent. The company contended it was not an intermediary and the land was free‑hold, challenging the officer’s jurisd…

The appellants, heirs and a receiver of a leasehold property in Madras, sought to invoke Section 9 of the Tamil Nadu City Tenants Protection Act, 1921 to compel the landlords to sell the demised land to them after an ejectment suit was filed. The lease, originally granted in 1924, had been abandoned in 1964 and the bui…

Shiv Developers, an unregistered partnership firm, filed a suit for declaration and injunction alleging fraud and non‑payment of consideration in a sale of its share in a property to Aksharay Developers. The respondents moved to dismiss the plaint under Section 69(2) of the Indian Partnership Act, 1932, arguing that an…

The Government of India had granted 3.563 acres of land in the Agra Cantonment to Hamid Ali Khan, who built a bungalow and later sold it with its appurtenant land to the petitioners. The petitioners sued the Union of India for arrears of rent, damages, and vacant possession of the bungalow and the surrounding land, whi…

The Bank of India advanced a loan secured by equitable mortgages on several properties, the title deeds of which were deposited with the bank. After the borrowers defaulted, the bank invoked the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) and aucti…

The Indian Oil Corporation advertised for petrol pump dealerships in October 2011. Anapurna Jaiswal applied on 11 November 2011 and was placed first, leading to a lease deed dated 8 November 2011. The lease stipulated that its term of 30 years would commence only upon approval of the petrol pump, meaning no lease exist…

The owner of a shop in Delhi filed an eviction petition under the Delhi Rent Control Act, 1958 alleging that the tenant had sub-let the premises to a third person who was in exclusive possession and that the tenant was in arrears of rent. The tenant contended that the third person was merely an employee working on comm…

Syndicate Bank advanced a loan to United Auto Tractor Ltd. secured by a mortgage on 51 acres of land allotted by the Andhra Pradesh Government, relying on an allotment letter and a consent letter from the Director of Industries. The land was later partially cancelled and the allotment rescinded by AP ILC, and the bank …

A decree for a construction work claim was passed against the State of Rajasthan and the partnership firm Sharma & Co. The State recovered the decree amount and sought execution against the firm’s securities, including a house owned by partner Smt. Dhanwanti Devi, who had earlier executed a will bequeathing the house t…

The Supreme Court heard appeals by Smt. Moumita Poddar challenging the appointment of a retail outlet dealership to respondent No.2 (Alpana Saha) by Indian Oil Corporation Ltd. The High Court had set aside the entire selection on the ground that the Selection Committee failed to follow the policy circular dated 4‑Sept‑…

The landlord, Smt. Lilabati Chakraborty, sued her tenant, Dipak Banerjee, alleging that the tenant had sub-let two rooms of a four‑room dwelling to a tailor, Lalit Mohan Biswas, in violation of Section 13(1)(a) of the West Bengal Premises Act, 1956. The trial court, the first appellate court and the Calcutta High Court…

The landlord sought eviction of the tenant under Section 11(4)(i) of the Kerala Buildings (Lease and Rent Control) Act, 1965, alleging the tenant had sublet the premises without consent. The Rent Controller and successive courts upheld the eviction. The tenant argued that Section 108(j) of the Transfer of Property Act,…

The plaintiffs, Hindus, sued the Sikh defendants for ejectment from two rooms of the southern Dharamshalla of the Martand shrine and for a permanent injunction restraining the defendants from interfering with Hindu religious ceremonies and from holding Dewans in the open space of the shrine. The defendants claimed titl…

The Supreme Court examined whether a will dated 25‑9‑1981 could be proved under Sections 68 and 69 of the Evidence Act, 1872 and Section 63(1)(c) of the Indian Succession Act, 1925. The will was attested by two witnesses, one of whom had died and the other, Harnek Singh, was alive but was not examined because the plain…

The appellant, Kamala Bakshi, claimed title to premises occupied by the respondent, Khairati Lal, who had entered into a 1960 agreement presented as an employer‑employee relationship but was in fact a tenancy. After a series of litigations, the Delhi High Court in 1991 declared the respondent a tenant and fixed the ren…

Lachhman Dass and Ram Lal entered into an arbitration agreement to settle a land dispute. The arbitrator awarded that half of the appellant's share in the land would now belong to the respondent, effectively creating a new right in immovable property valued over Rs 100. The award was filed for making it a rule of court…

The appellants, who bought a building in 1992, sought to evict two tenants after a municipal demolition notice was issued in 2002, invoking sections of the Maharashtra Rent Control Act, 1999 relating to bona‑fide need, demolition and rent default. The trial and appellate courts granted eviction decrees, finding the lan…

The plaintiffs, owners of a plot of land, leased it to the respondents who built a commercial complex and sub-let the shops. After the respondents defaulted on lease premium, the plaintiffs sued for arrears and eviction. The trial court decreed actual possession against the respondents and only symbolic possession agai…

The case concerned a permanent mulgeni lease of about 40 cents of land granted in 1903 with an express clause prohibiting the lessee from alienating the whole leasehold property, but without any clause restricting partial alienation. After the lessee's death, the leasehold was partitioned among heirs and portions were …

The case concerned property bequeathed by Somasundram Pillai in 1950 to his wife Sellathachi and his cousin's widow Janakathachi as maintenance. After the testator's death the widows possessed the land, but a power of attorney later alienated it, prompting a suit to declare the alienations illegal. The question before …

The State of Maharashtra appealed a High Court order that had set aside a revenue tribunal's decision adding 51.08 acres of land to the holding of Gulab Rao, a surplus land holder. The land had been conveyed by unregistered sale agreements dated 1‑April‑1968, before the cut‑off date of 26 September 1970. The issue was …

The landlords leased a house to a partnership firm, Mis Biyani Textile, and later served a quit notice for arrears of rent. The suit for eviction and arrears was filed against the firm’s employee (defendant No.1) and the firm’s partners (defendants Nos.2‑9). The trial court dismissed the employee but decreed against th…

The appellant, the legal representative of the mortgagor, filed a suit for redemption of a usufructuary mortgage and possession of a shop. The defendant claimed the mortgage was a sham designed to evade rent‑control law and that the parties were landlord and tenant. The trial court and the first appellate court dismiss…

The appellant redeemed a possessory mortgage on item 6 of the schedule property and, by operation of subrogation, stepped into the shoes of the mortgagee. The respondents, who were co‑mortgagors, did not redeem the mortgage within the statutory 30‑year period, leading the trial and district courts to hold that the appe…

The State of West Bengal granted a 999‑year lease of a plot in Salt Lake to Tapan Kumar Mullick, who later bequeathed the leasehold interest to a stranger, K.C. Kapur, by will. After Mullick's death, Kapur obtained probate and applied to have his name entered as lessee, which the High Court ordered despite the Governme…

The appellant, a tenant of agricultural land since 1948‑49, was dispossessed by the landlord in 1956 without complying with the procedure prescribed under the Bombay Tenancy and Agricultural Lands Act, 1948. The tenant later sought restoration of possession under Section 32(1B) of the Act, but the High Court dismissed …

The Board of Trustees for the Port of Calcutta, constituted under the Major Port Trusts Act, 1963, owned land leased to Everest Industries Ltd. and another party. Upon lease expiry, a 1996 notification altered the rent schedule, imposing a non‑refundable premium equal to four years' rent and annual rent escalations, re…

The appellant advanced a Rs.10 lakh loan to the respondent, securing it by two registered mortgages and four promissory notes. When the respondent defaulted, he handed over the title deeds of a Chennai property as security under a later agreement, promising to register a sale deed and repay a balance of Rs.2 lakh. The …

The case concerned a partition deed dated 31‑January‑1970 in which a Hindu undivided family allotted agricultural land to two minor daughters of Vithaldas Jagannath Khatri. The State of Maharashtra challenged the exclusion of that land from the surplus‑land calculation under the Maharashtra Agricultural Lands (Ceiling …

The plaintiff sought specific performance of a 1983 agreement of sale and a permanent injunction, but the agreement had been terminated by a notice on 28‑03‑1985 after the plaintiff failed to pay the balance consideration and obtain required permissions within the stipulated five‑month period (extendable by two months)…

The suit was filed by Sitabai seeking partition and possession of four plots left by her father Sukha, claiming a half share as a co‑sharer with her brother Sudam. Sudam had sold one of the plots (Gat No.19) to Ramdas without Sitabai's consent. The trial court awarded shares, the first appellate court declared Sitabai …

M/S Ormi Textiles, a partnership, obtained loans from the State Financial Corporation (SFC) secured by a mortgage on 800 sq. yards of its 1100 sq. yards industrial land. After the industrial unit became sick and defaulted, the SFC issued a notice under Section 29 of the State Financial Corporations Act, 1951, seeking t…

The Ministry of Rehabilitation constructed a market shop that formed part of the compensation pool under the Displaced Persons (Compensation and Rehabilitation) Act, 1954 and was sold by tender to Hans Raj Banga. The predecessor‑in‑interest, Bhagwan Das, a squatter and not a displaced person, failed to bid and did not …

The appeal concerned the interpretation of Section 7D of the Kerala Land Reforms Act, 1963 (as amended 1969), which deems certain occupants of private forests or unsurveyed lands to be tenants. The High Court held that the protection under this provision applies only to occupants whose possession has a lawful origin an…

The appeal concerned a suit for injunction and possession of a house, filed by the plaintiff under a claim of prior possession. During the suit one defendant died, and the remaining defendants, who were also his legal representatives, continued to defend the suit. The appellants argued that the suit should abate for no…

The appellants, heirs of Durgaprasad Lashkari, sought to prevent the Official Liquidator from selling a 199‑year leasehold property of Prasad Mills Ltd., which was under winding‑up. The High Court held that the landlord could not evict on the ground of non‑payment of rent because the secured creditors were ready and wi…

The appellant, a tenant, was evicted for using a shop for grocery business contrary to a rent deed that limited use to dealing in radios, cycles, fans, clocks and steel furniture. The landlord filed an eviction petition under Section 10(2)(ii)(b) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, alleging …

The plaintiffs filed a suit for specific performance of a sale deed, while the defendants sold portions of the disputed land to Respondents No.1 and No.2 during the pendency of the suit, violating a temporary injunction and Section 52 of the Transfer of Property Act. The respondents sought to be impleaded under Order I…

Madras Petrochem Ltd. and another filed appeals challenging a Delhi High Court order that stayed the winding‑up of the company before the BIFR. The core dispute was whether the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) overrides the Sick Industri…

The appellants, owners of a house in Solan, had allowed their uncle Bhagwan Dass to occupy the property as a licensee. Bhagwan Dass later claimed that the appellants had agreed to sell him half of the property and that, under Section 53-A of the Transfer of Property Act, he could retain possession in part performance o…

Maharashtra Tubes Ltd., a steel pipe manufacturer, ceased operations in 1986 and sought financial assistance from the Board for Industrial and Financial Reconstruction (BIFR) in 1988. The BIFR, after hearings, held that the company was not a "sick industrial company" under the Sick Industrial Companies (Special Provisi…

Babu Lal purchased land from respondents 6‑9, which had earlier been agreed to be sold to respondents 1‑5. The latter sued for specific performance of their contract; the trial court dismissed, but the appellate courts decreed specific performance and ordered the sale deed to be executed in favour of the plaintiffs. Th…

The original lease of a 99‑year term on a plot in Mumbai, used for a cotton mill, later vested in a charitable trust. After the lease expired, Podar Mills occupied the premises as a protected tenant under the Bombay Rents Act. The Textile Undertakings (Nationalisation) Act, 1995 vested the statutory tenancy rights in t…

In 1951 a usufructuary mortgage was created over a house in favour of the petitioner. In 1953 the mortgagor agreed to sell the house to the mortgagee, Y, but the sale deed was never registered before the mortgor died. An unregistered sale deed was later executed in 1954 in favour of the petitioner as Y's benamidar, and…

The appellants entered into a contract to purchase a trust property, agreeing to pay an advance and the balance by a stipulated date, with a clause stating that time was the essence of the contract. They later demanded that the respondents obtain clearance from the Endowment Department under the Urban Land (Ceiling and…

The petitioner, a tenant, was evicted by the respondent, the landlord, under Section 11(1)(e) of the Bihar Building (Lease Rent and Eviction) Control Act, 1982 on the ground that the fixed‑term lease had expired. The tenant contended that the lease was invalid because the registered deed of Kabuliyat was signed only by…

The appellant owned premises leased in 1966 to Lall Behari Mullick for his natural life, with a covenant that his heirs must vacate within three months of his death and have no right to hold over. Mullick died within three years, but his heirs remained in possession. The appellant sought eviction, arguing that the leas…

The appellant Prem Prakash was in judicial custody for a separate ECIR (No. 4 of 2022) when the Enforcement Directorate recorded statements from him under Section 50 of the Prevention of Money Laundering Act (PMLA) for a new ECIR (No. 5 of 2023). The High Court had denied his bail, relying on those statements, but the …

The Indore Development Authority (IDA) allotted a 7‑acre parcel of land to Mangal Amusement Park Ltd. for a children's amusement park under a document labeled a "license" for 15 years, with a provision for renewal. The State of Madhya Pradesh later changed the land‑use from "commercial" to "regional park" and directed …

Sharanappa Basappa Dindawar owned 15 acres 6 gunthas in Survey No. 102 and 28 acres 10 gunthas in Survey No. 28/2. By a registered exchange deed dated 18 August 1971 he swapped the 28 acres 10 gunthas for 30 acres 24 gunthas of land in Survey No. 175, increasing his total holding to 45 acres 30 gunthas, still within th…

Behara Venkataramanayya Patro, the mortgagor, executed two usufructuary mortgage deeds in 1939 and 1942 in favour of Sambangi Thavitinaidu, who was then a sitting tenant of the same property. After obtaining a preliminary decree for redemption, the mortgagor died and his legal representatives sought a final decree and …

The Kerala State Housing Board entered into a Section 16(1) agreement with M/s. Ramapriya Hotels to accept compensation of Rs.1100 per cent for land to be acquired, after which a notification under Section 3(1) was issued and a later declaration under Section 6 was published. The High Court held the award void because …

The Supreme Court examined whether the sale of lottery tickets falls within the definition of "goods" for the purpose of State sales tax statutes. The Court held that a lottery ticket is merely a token evidencing a chance to win a prize, which constitutes an actionable claim under the Transfer of Property Act, not a mo…

ICICI Bank and two other banks (first charge holders) and Punjab National Bank (second charge holder) had secured loans to Sidco Leathers Ltd., which was wound up and an Official Liquidator appointed. The first charge holders filed a suit in the Debt Recovery Tribunal and lodged a claim with the Official Liquidator, wh…

The appellant landlord served a notice under section 106 of the Transfer of Property Act on the respondent, who, along with his mother, brothers and sisters, had inherited the tenancy of the premises after the death of their father, the original tenant. The respondent challenged the notice, arguing that all heirs, bein…

Roop Singh, the plaintiff, owned 15.32 acres of agricultural land and sued Ram Singh for illegal possession. The defendant claimed he had purchased the land 14 years earlier, sought protection under Section 53A of the Transfer of Property Act, and alleged title by adverse possession. The trial court dismissed his plead…

The appellants, landladies, obtained permission under Section 3 of the U.P. (Temporary) Control of Rent and Eviction Act, 1947 to evict a tenant on the ground of a bona‑fide requirement to shift a nursing home. The suit filed on that permission was later withdrawn without any liberty to re‑file. After the 1972 Act came…

The parties entered into a ten‑year tenancy agreement for godowns that contained an arbitration clause. When the lease expired, the landlord sought possession and invoked the arbitration clause, appointing an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996. The tenant appealed, arguing that th…

Allottees of residential and commercial plots in Chandigarh were required to pay the balance of the premium in instalments, together with interest, penalty and ground rent, after an initial payment. They contended that the State could not demand these payments until basic amenities such as roads, water supply and drain…

The assessee, Narang Dairy Products, was granted a development rebate under Section 33(1)(a) of the Income Tax Act for its entire machinery in AY 1965-66. Subsequently, part of the machinery was sold and the remaining plant was leased to Hindustan Lever Ltd for three years, within the eight‑year period prescribed by Se…

The respondents leased a plot to the appellant for a flour mill and, after the lease expired, obtained a decree for possession when the appellant failed to vacate. While the appellant's appeal against the decree was pending, the Gujarat government notified that Part II of the Bombay Rents, Hotel and Lodging House Rates…

The appellants, owners of a 10,000 sq ft plot in Kaithal, sued the respondents for possession after a lease to Burmah Shell (later transferred to Bharat Petroleum) expired in 1998. The lease had a renewal clause exercised once, and the Central Government, under the Burmah Shell (Acquisition of Undertakings) Act, 1976, …

The three oil companies (Bharat Petroleum, Indian Oil and Hindustan Petroleum) held long‑term leases on land, constructed petrol pumps and then sub‑let the premises to dealers. The landlords filed ejectment suits and the companies sought orders under Section 9 of the Madras City Tenants’ Protection Act, 1921 for the sa…

The landlord, Shri Ram Lal, let a portion of his house to Dr. H.K. Sharma under a tenancy agreement dated 22 July 1985. In 2008 the landlord filed an eviction application under Section 21(1)(a) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, claiming bona‑fide need for the pre…

The appellant, D.K. Soni, a tenant, challenged an order allowing the landlord, P.K. Mukerjee, to evict him on the ground of personal need under the U.P. Temporary Control of Rent and Eviction Act. The landlord obtained a final permission for eviction before the 1972 Urban Buildings Act came into force, and later execut…

The case involved a lease dated 13 January 1969 for 21 years between the appellants (lessors) and the respondent (lessee) which contained a clause allowing either party to terminate the lease before its expiry. The lessor served a notice of determination in 1972 and obtained an eviction decree under the Transfer of Pro…

The landlords (appellants) sued the tenant (respondents) for eviction under the Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947, alleging non‑payment of rent for the six‑month period January‑June 1978. A notice of demand was served on 14 July 1978, giving the tenant until 14 August 1978 to pay. The tena…

The State of Maharashtra, as landlord, obtained a decree of ejectment against M/s Super Max International, the tenant, under sections 13(3)(a) and 13(1)(g) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, on grounds of tax defaults and the landlord's bona‑fide need. The High Court stayed execution …

The appellant, S. Bedi, leased a specifically described portion of his industrial property to the respondent, Chopra Electricals, for 11 months under a licence deed that excluded a second, green‑coloured portion which was scored off. The respondent later occupied that green portion and claimed it formed part of the ten…

The landlord G.V. Srinivasa Murthy leased a non‑residential premises to Mahendra Saree Emporium, originally a sole proprietorship, which later converted into a partnership with the tenant's relatives. The landlord claimed unlawful sub‑letting under Section 21(1)(t) of the Karnataka Rent Control Act, 1961 and obtained a…

The appellants, owners of a 99‑year lease of non‑agricultural land, sought eviction of the lessees under Section 21(1)(h) of the Karnataka Rent Control Act, claiming a bona‑fide requirement for their own business. The trial court allowed the petition, but the district court held the lease to be perpetual and dismissed …

The Supreme Court examined whether a purchaser who has taken possession of flats after full payment, but without a registered deed, is the "owner" for tax purposes under Section 22 of the Income‑Tax Act, 1961. The assessee argued that the rental income should be taxed under Section 56 as "income from other sources" bec…

The Bangalore Municipal Corporation sold a residential property, originally leased to S, to S's son (the appellant) after S's death, with the sale price contributed by the appellant, S's husband and daughters (respondents). The respondents sued for a declaration of co‑ownership and an injunction, but the trial court di…

Dr. Ashutosh Ghosh purchased a house in 1935 in the name of his wife Suprovabala Ghosh by executing a power of attorney, which was later mutated in her name. After her death, the daughters, including Binapani Paul, obtained mutation of the property in their names and filed a suit for partition against their brother Ama…

Bharat Petroleum Corporation Ltd., a government company, claimed a statutory right to renew a lease originally granted to Burmah Shell under the Burmah Shell (Acquisition of Undertakings in India) Act, 1976. The lease, with a nominal rent of Rs 50 per month, had expired in 1985 and the company issued a notice in 1989 t…

The Collector acquired certain lands under a notification issued on 17 November 1980 pursuant to Section 4(1) of the Land Acquisition Act, 1894 and awarded compensation of Rs 38,500. The petitioner claimed a higher amount and a reference under Section 18 of the Act was filed; he relied on a sale agreement dated 5 Decem…

The plaintiff‑buyer entered into a sale agreement and obtained a decree for specific performance, which required him to deposit the balance consideration of Rs.33,60,000 within one month of the decree and in the form of a demand draft. The trial court extended the time by two months, making the final deadline 26‑May‑20…

The tenant, Jagdish Lal, held a lease for a shop let for "Maniari" (general merchant) business at Rs 600 per month. He later started a restaurant serving tea and cold drinks, which the Rent Controller deemed a change of user under Section 13 of the Haryana Urban (Control of Rent & Eviction) Act, 1973 and ordered evicti…

The appellants' father bought property from the minor's mother (guardian) in 1939. After the minor attained majority, he sued to set aside the sale and recover possession. The trial and appellate courts dismissed his suit, but the Kerala High Court set aside those judgments, ordering the respondent to pay the sale pric…

The case involved a dispute over a plot of land originally owned by Muniyappa, who executed a General Power of Attorney (GPA) and an agreement to sell in favour of A. Saraswathi in 1986. After Muniyappa's death in 1997, Saraswathi, as GPA holder, executed a registered sale deed in 1998 transferring the property to her …

Aman Semi-Conductors Pvt. Ltd. obtained an industrial plot from the Haryana State Industrial Development Corporation (HSIDC) on the condition that it would construct and commence production within stipulated timeframes. The company failed to start any construction, repeatedly sought extensions citing lack of infrastruc…

The plaintiff, Satish Chander, claimed that his mother Vidya Devi had been fraudulently induced to execute a gift deed in favour of Jagdish Chander, alleging that the deed was supported by a consideration of Rs 5,000 and therefore invalid under Section 122 of the Transfer of Property Act. The trial court and the first …

Shyam Lal, the appellant, claimed continuous possession of agricultural land in Faridabad for about 27 years under a lease that expired in May 2005, asserting that he became a statutory tenant protected by the Punjab Security of Land Tenures Act, 1953. The respondent, Deepa Dass Chela Ram Chela Garib Dass, argued that …

The Supreme Court examined whether the statutory first‑charge provisions in the Bombay Sales Tax Act (s.38C) and the Kerala General Sales Tax Act (s.26B) conflicted with the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (ORT Act) and the Securitisation and Reconstruction of Financial Assets and En…

Rohit Kochhar filed a suit in the Delhi High Court seeking specific performance and a permanent injunction for a commercial property situated in Gurgaon. The defendants contested the court's territorial jurisdiction, arguing that the relief required execution and registration of a sale deed in Gurgaon, which would forc…

The State of Uttar Pradesh leased a Nazul (government) property at 19 Clive Road, Allahabad to a private company, which later mortgaged its leasehold interest to United Bank of India without obtaining prior State sanction. The Bank obtained a mortgage decree and later sought conversion of the leasehold into freehold, i…

The plaintiff, a landlady, sued the tenant for eviction and possession of premises let on a month‑to‑month basis with rent payable according to the English calendar month. The trial court upheld the suit, but the first appellate court set aside the decree, holding that the notice of termination dated 15 January 2000 wa…

The appellant, a 74‑year‑old widow, executed a deed styled as a gift in favour of her nephew, the respondent, but the deed was executed for consideration and was conditional on the respondent caring for the appellant and her husband and taking effect only after their deaths. The appellant later executed a cancellation …

The respondents filed a suit for ejectment and arrears of rent under the UP Urban Buildings (Regulation of Letting, Rent and Eviction) Act, alleging that the defendants had illegally sub-let the property to the petitioner. The Provincial Small Cause Court decreed in favour of the respondents, holding that the petitione…

The appellant, Mis. TCI Finance Ltd., obtained a decree for Rs.20,91,319 against Dr. Ashok Kumar Gupta, the proprietor of the respondent company, and sought execution of the decree. The respondent company, Calcutta Medical Centre Ltd., claimed to be a tenant of Dr. Gupta’s mother and filed an intervention application i…

Savita Dey leased premises to the respondents under a registered deed dated 6 July 1964 for a term of 21 years at Rs.475 per month, later increased to Rs.501 per month in accordance with a clause linking rent to municipal tax increases. When the lease expired on 30 June 1985, Dey served a quit notice, but the tenants f…

The appellants owned a property that was leased to Aditya Motors, a sole proprietorship of Pilla Durga Prasad. After the lease expired, the appellants filed an eviction suit against the lessee and its assignees. The suit was later amended to substitute the proprietor, Pilla Durga Prasad, in place of the firm. The defen…

The Greater Bombay Co‑operative Bank attached a flat owned by guarantors Shri Dhillon P. Shah and Smt. Shivangi Shah to recover a cash‑credit default. After the guarantor's death, respondent No.1, Nagraj Ganeshamal Jain, claimed he had purchased the flat under an alleged agreement to sell dated 04‑10‑1995 and sought me…

The landlord, Pralhad Lalchand Chavan, obtained permission from the Rent Controller under clause 13(3)(vi) of the Central Provinces and Berar Rent Control Order to terminate his tenant's lease on the ground of bona‑fide residence. After the permission became final, he served a notice under Section 106 of the Transfer o…

The Supreme Court examined a sale deed executed by the Official Liquidator of a liquidated company, which conveyed land, building, civil works, plant and machinery, and other assets for a total consideration of Rs.8.35 crores. The first respondent, a nominee of the auction purchaser, sought registration of only the lan…

The landlord filed an eviction petition under the East Punjab Urban Rent Restriction Act, 1949, alleging the tenants defaulted on rent of Rs 2000 per month as stipulated in the lease. The tenants contended that the rent was actually Rs 1800 per month, a rate they had been directed to deposit during a parallel partition…

The Supreme Court upheld the Bombay High Court’s order quashing the Municipal Corporation of Nagpur’s 1991 resolution to renew a 30‑year lease in favour of Saroj Screens Pvt. Ltd. and the State Government’s subsequent sanction under Section 70(5) of the City of Nagpur Corporation Act, 1948. The Court held that the earl…

The appellant leased premises for twenty years (1969‑1989) and, after the lease expired, served a notice under Section 20 of the West Bengal Premises Tenancy Act, 1997 seeking to increase the rent. The appellant argued that, because the tenancy had lasted twenty years, the premises were built before 1984 and were used …

Jaypee Infratech Ltd (JIL) mortgaged its land to secure loans taken by its holding company Jaiprakash Associates Ltd (JAL) from a consortium of banks. The Interim Resolution Professional (IRP) applied to the NCLT for avoidance of these transactions under Sections 43, 45 and 66 of the Insolvency and Bankruptcy Code, 201…

The case involved a 1986 agreement to sell land between the original vendors (appellants) and original vendees, followed by four 1987 agreements where the vendees purportedly assigned their rights to the plaintiffs (respondent No.1). The plaintiffs sought specific performance of both the 1986 and 1987 agreements, claim…

The dispute arose from a five‑year lease agreement dated 27‑03‑2003 between Paul Rubber Industries Pvt. Ltd. (lessee) and the landlady (respondents) for approximately 16 cottahs of land in Kolkata, which included a clause for renewal and described the premises as having a factory shed. The lease was not registered, alt…

The Supreme Court examined whether the President’s assent under Article 254(2) of the Constitution applies only to the specific repugnancies identified by the State or confers a blanket supremacy to the State law over all central statutes. The Court held that the President’s consideration and assent are limited to the …

The appellants, heirs of Pishora Singh Sial, sued the assignees of a mining lease for unpaid sums labeled as "royalty" under a 1939 assignment deed. The respondents argued that "royalty" meant the State's share in mineral extraction and could not be claimed by a private party, contending the payments made for twenty ye…

The plaintiffs, the first wife Kashi Bai and her daughter Sunita, sued for a half share in the property of their deceased husband Lachiram, alleging he was the sole owner at his death. The defendants, the second wife Parwati Bai, her daughter Meena and grandson Purshottam, contended that Lachiram had adopted Purshottam…

The dispute arose when the landlady, Ashalata S. Guram, sought possession of a flat occupied by her former tenant S.P. Rao, who had allowed Sita Ratna Rao to stay as a licensee under a purported leave‑and‑licence agreement. After a series of decrees and appeals, the Small Causes Court held that Rao was in possession on…

The appellant owned land that was leased to a college; the lease expired in 1967 and the Haryana Government issued a notification for compulsory acquisition on 15 May 1968, later making an award on 29 September 1970. The dispute centered on when capital gains under Section 45 of the Income‑Tax Act, 1961 accrued – wheth…

Satya Pal Anand, a septuagenarian, claimed that a plot of land allotted to his mother by a cooperative society was unlawfully cancelled by the society through a Deed of Extinguishment dated 9‑8‑2001, and that subsequent sale deeds to third parties were also void. The Sub‑Registrar refused to cancel the extinguishment d…

The Vaish Aggarwal Panchayat, a society, filed a declaration suit in 2001 seeking to declare a 1998 decree and subsequent sale deed as void on grounds of fraud and collusion, after having earlier objected to the execution of that decree. The respondents, who were parties to the original 1993 suit, moved an application …

The plaintiffs filed a suit for declaration and possession of a property that had been purchased by Honnanna and later allegedly transferred to the defendants through an agreement to sale dated 27 November 1982. The defendants claimed title based on that agreement and an irrevocable power of attorney executed in 1985, …

The appellant, R.N. Gajre, occupied agricultural land after acquiring it through a chain of agreements of sale, the first between the original owner (Narayan Bapuji Dhotra) and Pishorrilal Punjabi, and the second between Pishorrilal and the appellant. The respondent, legal representatives of the original owner, sued fo…

The case concerned two settlement deeds executed by Nanjammal in favour of her grandson, the appellant, which the daughters claimed were obtained by undue influence. The trial court declared the deeds void, but the first appellate court upheld their validity as gift deeds. The High Court reversed, holding the deeds unp…

The owners leased premises to United Commercial Bank for five‑year terms, renewing twice, but did not renew after the lease expired on 31 March 1991. The owners demanded vacancy, yet the bank continued to pay an enhanced rent, which the owners accepted and withdrew. The dispute centered on whether the landlord’s accept…

The Shri Geeta Satsang Bhawan Trust filed eviction suits in 1999 against tenants for non‑payment of rent. At the time of filing, the Trust was not registered under the Rajasthan Public Trust Act, 1959, and the trial court nevertheless decreed in its favour. The appellate courts set aside the decree, holding that an unr…

Bannama, an elderly agriculturist, claimed a 7‑acre plot as her stridhan and sued for declaration of title and possession after her son, Nagi Reddy, fraudulently had the land mutated in his name and sold it to the Agricultural Produce Marketing Committee. The trial court and the Karnataka High Court held that Bannama w…

The original plaintiff, M.N. Channavasavaiah, borrowed Rs.1,500 from B.M. Narayan Shetty and executed a deed of conditional sale on 28 July 1969, delivering possession of the land to the lender for five years with a condition that repayment would void the sale and reconvey the property. The lender later sold the land t…

The appellant claimed to be a deemed tenant under Section 4A of the Kerala Land Reforms Act, 1963, relying on a mortgage deed executed in 1909‑1910 in favour of his mother as collateral for a dowry. The Supreme Court held that the mortgagee (the appellant's mother) was a minor of 15 years at the time of execution and w…

The appellants, six purchasers of a flat, paid Rs 4,55,000 as earnest money under a sale agreement and later faced a compulsory purchase of the property by the Central Government under Chapter XX‑C of the Income‑Tax Act, 1961. The Appropriate Authority released the consideration to the vendor and retained amounts to sa…

The landlord filed a suit for eviction of tenants occupying an open plot in Pune. The tenants contended that the Pune Municipal Corporation had acquired the land under the Land Acquisition Act, 1894, and that an award passed by the Special Land Acquisition Officer had divested the landlord of any right, title or intere…

The plaintiffs filed a suit for a permanent injunction to restrain the defendant from interfering with their possession of two vacant plots, claiming ownership based on sale deeds from a vendor. The defendant contested the title, asserting purchase from the original owner and denying an alleged oral gift to the plainti…

The suit concerned property of Petha Gounder that had been sold by his son Balaraman both in his own name and on behalf of his minor son Palanivel without court permission, violating Section 8 of the Hindu Minority & Guardianship Act, 1956. The plaintiffs, sons of Kannan, filed a suit in 1992 for declaration and posses…

M/s Band Box Private Ltd had been in possession of premises at 18/90 Connaught Circus since 26 March 1952. Punjab & Sind Bank acquired the property on 31 December 1978 and served a notice under Section 106 of the Transfer of Property Act on 15 November 1999, seeking eviction under the Public Premises (Eviction of Unaut…

The case concerned the self‑acquired property of Sengalani Chettiar, who had two marriages. His son Chandran (the father of the appellants) executed a release deed in 1975, relinquishing any claim to the property in return for valuable consideration, and stating he would have no further connection except blood relation…

The landlord, Bhola Nath Varshney, served a notice under Section 106 of the Transfer of Property Act, 1882 and filed an eviction suit in 1981 against his tenant, Mulk Raj Madan, for a building constructed in 1974. The issue was whether the Uttar Pradesh Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 wou…

Kundan Mal occupied a premises from 1953 and, after the death of the original owner, recognized Gurudutta as his landlord and paid rent. In 1973 he received a municipal notice to remove the structure and sued the municipality, while Gurudutta sued him for alleged non‑payment of rent and denial of his title. The lower c…

The landlord, Ishwar Swaroop Sharma, let a shop to Jagmohan Lal on a monthly basis, with the rent increased to Rs 200 in 1976 and documented by an endorsement. In 1989 Sharma applied under Section 4 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 for fixation of fair rent. The Rent Controller fixed Rs 1,0…

The Tamil Nadu Khadi and Village Industries Board (respondent) sued to confirm its title and recover possession of a property it claimed to have received by a registered gift deed dated 5 March 1983 from the appellant. The trial court dismissed the suit on the ground that the gift deed was never accepted or acted upon,…

The appellants filed a suit for declaration and injunction, after which the defendant sought impoundment of six agreements for sale on the ground that they effected transfer of possession and were therefore conveyances requiring stamp duty and registration. The trial court and the High Court ordered the documents impou…

The State of Bihar (later Jharkhand) granted Tata Steel 350 acres of land in 1969 (Grant‑I) for a 99‑year lease, requiring use of the land for a specified industrial purpose within one year. Tata Steel utilized about 200 acres for its alloy and steel plants. In 1973 the State transferred 1,266 acres to the Bihar Indust…

A settlement deed gave a life estate in land to K and a vested remainder to the respondent. K alienated the land, prompting the respondent to sue K in the District Munsif Court, which decreed that K had no right to alienate and granted an injunction. The appellant, who later purchased the land from K, was not a party t…

Sasan Power Ltd entered into Agreement‑I with the American company NAC, which contained an arbitration clause governed by English law and seated in London. Two years later the parties executed Agreement‑II, a tripartite deed involving Sasan Power, NACC India (a subsidiary of NAC) and NAC, which transferred NAC's rights…

The appellant had earlier mortgaged a portion of a house to a third party and later executed a single document selling the entire house to the respondents, which contained a right to redeem the mortgage. The respondents attempted to redeem, were refused, and filed suit for redemption and specific performance. The trial…

The promoters of a proposed company purchased a house and land before incorporation and later transferred the title to the incorporated company, which was declared the owner by a decree. The promoters, acting as directors, subsequently entered into a sale agreement with the appellants and also leased the property, lead…

The appellant, a granddaughter of a non‑redeeming co‑mortgagor, sued for partition and possession of her one‑half share of mortgaged property that had been fully redeemed by the father of the respondents between 1913‑1918. The trial court held the suit was not barred by limitation, but the High Court reversed, applying…

The borrower defaulted on a loan secured by a mortgage offered by the guarantor, leading State Bank of India to initiate SARFAESI proceedings and eventually auction the secured assets, which were purchased by Tripower Enterprises. The bank sought the return of original title documents deposited with the Debt Recovery T…

The appellant, Williams, claimed title to a parcel of land based on a registered deed of sale from respondent No.2. Respondent No.1 sued for a permanent injunction, asserting ownership through an oral agreement of sale with respondent No.2, but respondent No.2 was not impleaded. The trial court limited the issue to pos…

The plaintiff, Jaipur Traders Corp. Pvt. Ltd., executed a sale deed for an oil mill and received an initial payment, but the balance consideration was withheld pending income‑tax clearance. The parties entered into a written settlement with a director that deferred the balance payment until all formalities were complet…

The appellant (son) challenged a decree of the Kerala High Court that declared a 1985 deed executed by his father in favour of his sister (plaintiff) to be a settlement and a valid gift, thereby invalidating a later cancellation deed and sale deed dated 19.10.1993. The core issue was whether the 1985 instrument was a g…

The appellants, lessees of a 20‑year lease, erected a pucca factory building on the premises and later claimed status as Thika tenants under the Calcutta Thika Tenancy Act, 1949 and its subsequent amendments. The respondents, who had purchased the land, challenged the Controller's declaration that the appellants were T…

The appellant, Bishwanath Prasad Singh, sold a piece of land to the respondents on 24 June 1977 and simultaneously executed an agreement for reconveyance, the parties agreeing that the sale would become absolute only upon payment of Rs.3000 within 23 months. The respondents claimed the transaction was a usufructuary mo…

The appellant, a private firm, obtained a three‑year licence from the Government of Tamil Nadu to collect chank shells from coastal sites, the agreement containing Clause 7 which allowed the government to terminate the licence at any time without cause. After commencing operations, the government invoked Clause 7 and t…

The plaintiff purchased a plot from a housing cooperative society by a registered sale deed dated 29‑12‑1981 and was placed in possession. The defendant later encroached on the land and erected a hut, prompting the plaintiff to sue for possession and mesne profits. The trial court and first appellate court dismissed th…

The appellants, guarantors of a loan of Rs.21.14 crore extended to Ace Concrete Pvt. Ltd., contested the sale of four mortgaged properties by Indian Overseas Bank under the SARFAESI Act. The bank issued a first sale notice on 21‑Jan‑2012 with a 30‑day period, but the sale was stayed by the Debt Recovery Tribunal (DRT) …

The appellants, sons of the deceased donor, claimed that a property gifted by their father to the respondent was ancestral and that the donor lacked authority to execute the gift deed, alleging the deed was forged. The trial court held the property ancestral, a view affirmed by the first appellate court, but the Gujara…

The landlord obtained a Section 21 sanction from the Additional Rent Controller to grant limited tenancy rights to two tenants, despite having already let them occupy the premises in December 1975. The tenants argued that an oral tenancy already existed and that the sanction was obtained by suppressing material facts, …

The Supreme Court examined the constitutionality of the Benami Property Transactions Act, 1988 and its 2016 amendment in a dispute between the Union of India and M/s. Ganpati Dealcom Pvt. Ltd. The Court held that Section 3(2) of the 1988 Act, which created a strict‑liability offence without mens rea, is manifestly arbi…

The appellants, mortgagors, executed a usufructuary mortgage bond and were obliged to pay rent. After defaulting, the landlord obtained a decree for arrears, which was executed by selling the property; the mortgagee paid the decretal amount. The mortgagee contended that this payment extinguished the mortgagors' right o…

Home buyers booked flats in various projects of the Amrapali Group of companies in Noida and Greater Noida, paying substantial amounts between 2010-2014. The builders failed to deliver possession within the promised 36 months and did not pay dues to the Noida and Greater Noida Authorities or repay loans taken from bank…

The appellants, K.L. Mimani and others, had a 50‑year lease of land in Howrah which was requisitioned under the West Bengal Land (Requisition and Acquisition) Act, 1948. Their writ petition challenging the requisition was dismissed and an appeal was filed, but the lease expired by efflux of time during the pendency of …

The appellant, a Manager at the Head Office of HDFC Ltd., was charged in an FIR for allegedly suppressing the fact that a mortgaged property had been acquired by the Tamil Nadu Housing Board and for cheating the purchaser at a public auction conducted in 2012. He filed a petition under Section 482 of the CrPC seeking t…

The plaintiffs, heirs of Siraj Uddin Choudhury, claimed title to land based on a 1958 registered Gift Deed executed by their grandfather. The defendants later executed a sale deed on 5 May 1997, which the plaintiffs alleged was void because the vendors lacked title. The trial court and first appellate court upheld the …

The plaintiffs, heirs of Dr. Karam Chand, sued the appellants for cancellation of two 1992 sale deeds and recovery of possession of a family house, alleging that the deeds were void because the vendor, Ramesh Chand, had no title and that a will favouring the plaintiffs had been admitted in earlier suits. The trial cour…

The father of the respondents, Shripad Joshi, executed a deed (Ex.P-73) titled "mortgage by conditional sale" in 1967, transferring his property to Shankar Shinde for Rs.2500 with a clause that if the amount was not repaid within five years the sale would become absolute. The respondents later sued for redemption, clai…

The landlord sought eviction of the tenant under section 13(3)(a)(iii) of the East Punjab Urban Rent Restriction Act, 1949, alleging the premises were unsafe and required reconstruction. The Rent Controller ordered eviction, but the District Court reversed, finding that the tenant had replaced the fallen roof, renderin…

The appellant partnership firm claimed title to four godowns in Nasik based on a registered deed of sale executed in 1974 by the respondent's father. The respondent occupied the property as a licencee and later contested the deed, alleging it was a security for a Rs.50,000 loan. The trial court dismissed the suit, hold…

The case concerned agricultural lands originally purchased by a protected tenant, Uppari Ramaiah, under the Andhra Pradesh Tenancy Act, 1950. Ramaiah sold portions of the land to non‑agriculturists without the required Tahsildar sanction, rendering the transfers void under Sections 47 and 49 of the Tenancy Act. The hei…

The Allahabad Development Authority acquired land that had been leased by the State Government to Ravindra Kumar Tandon (later Kiran Tandon). The lease expired on 8 June 1987, but the Authority took possession on 16 June 1987. The claimant sought full compensation, while the Authority and the State argued that the leas…

Indiabulls Housing Finance Ltd (appellant) sought to enforce loan recovery against Deccan Chronicle Holdings Ltd and others under the SARFAESI Act after the original lender, Indiabulls Financial Services Ltd (IBFSL), merged into Indiabulls Housing Finance. The High Court held that SARFAESI could not be invoked because …

The petitioners challenged the Gujarat Government's permission to allow Indigold Refinery Ltd. to sell agricultural land, previously purchased for industrial use, to Alumina Refinery Ltd. despite the original purchaser's failure to commence any industrial activity. The High Court dismissed the writ on grounds of delay …

The plaintiffs, a group of brothers and their wives, sued the defendants, their brothers and sons, to cancel a sale deed and obtain a permanent injunction after the defendants allegedly transferred the jointly owned property to a son for a nominal consideration using a power of attorney that was not intended for sale. …

The appellant landlord sought relief against a tenant's revision petition under Section 106 of the Transfer of Property Act, 1882, contending that the notice of ejectment issued on 24 July 2015 was valid. The dispute centered on whether the Uttar Pradesh State amendment of 1954, which changed the notice period from fif…

Kewal Krishan executed a power of attorney in favour of his brother Sudarshan Kumar, who then executed two sale deeds on 10 April 1981 transferring parts of the suit properties to his minor sons and wife for Rs 5,500 and Rs 6,875. The appellant sued for injunction and later amended the suits to seek a declaration that …

The respondent, Ballabh Vyas, claimed ownership of a small shop (Mulgi) based on a registered sale deed dated 27 June 1985 and sought eviction of the appellants, who were tenants succeeding the original lessee Balraj. The appellants denied the respondent’s title, asserting that Balraj had purchased the property for Rs.…

The mother of the respondents filed an eviction suit against the father of the appellants, claiming title to a house based on a 1957 sale deed and seeking to evict the defendant as a tenant. The trial court upheld her title but dismissed the eviction because no landlord‑tenant relationship was proved; the appellate cou…

The appellants claimed ownership of several plots recorded in the name of their predecessor, Hira Lal, while the respondents asserted that the land was "sir" and "khudkasht" of their predecessor, Hansraj, who had mortgaged the plots to Hira Lal in 1920. After the Uttar Pradesh Zamindari Abolition and Land Reforms Act, …

Smt. Udhwantia, a limited owner, gifted her estate to her grandson Ramdas Mahto, who later sold the property twice and it was eventually sold at a court‑ordered auction. Ram Deiya sued to recover the property, and the trial court and lower appellate courts decreed in her favour. After her death, her son Ram Das Mahto s…

The dispute concerned two plots of land in which the respondents, descendants of Ram Dayal, claimed tenancy rights based on a deed dated 30 July 1945 and entries in the Khatauni. The appellants contended that an earlier deed of 23 November 1943, and a subsequent deed of 2 August 1945, gave them a valid lease under Sect…

Vinod Infra Developers Ltd., the owner of agricultural land, sued Mahaveer Lunia and others for declaration, possession and injunction after the respondents executed sale deeds despite the appellant's revocation of a power of attorney and board resolution. The respondents filed an Order VII Rule 11 application seeking …

The plaintiff, legal representatives of the deceased Brij Raj Singh, sued the defendants for possession of land on the basis of a registered gift deed dated 18‑Jan‑1961, executed by the donor Kanwar Chander Raj Saran Singh and presented for registration by a duly authorised attorney. The trial court held the deed valid…

The appellants held a usufructuary mortgage over land mortgaged by the respondents in 1958, 1959 and 1961. While the mortgage subsisted, the property was attached under the Revenue Recovery Act for the mortgagor's agricultural income tax arrears and sold at public auction, the highest bid being the son of the mortgagee…

The respondent (landlord) sued the appellants (father and son) for mandatory injunction to vacate a shop premises, alleging that a deed of licence executed in 1981 had terminated. The trial court and first appellate court found the appellants to be tenants, but the High Court reversed, treating the deed as a licence to…

The father of the appellant hypothecated a 5‑bigha property by usufructuary mortgage on 10 July 1911 for Rs.261, obligating the mortgagee to pay land revenue. The mortgagee defaulted, the property was auctioned and purchased by Ramtahal Singh. The appellant sued for redemption; the trial court decreed in his favour, bu…

The case concerned a consent decree dated 19‑08‑1991 that confirmed a family settlement whereby Smt. Jagno, a Hindu widow, transferred her half‑share in agricultural land to her nephews. The appellants challenged the decree on two grounds: (i) that the decree should have been registered under Section 17 of the Indian R…

The appellants, heirs of Lullu Vas, claimed lease‑hold rights over a Mumbai parcel that had been earmarked for slum rehabilitation under the Maharashtra Slum Areas Act, 1971. The High Court had allowed the redevelopment scheme to proceed, setting aside an earlier order that had cancelled the Letter of Intent in favour …

The State allotted 11 acres of land to a tribal respondent. The appellant entered into a sale agreement with the tribal and applied to the Collector for permission to alienate the land under the Bombay Revenue Code. The Collector and Commissioner refused, stating that land assigned to Scheduled Tribes cannot be sold or…

The plaintiff, Fateh Bahadur Singh, sued Jang Bahadur (the second respondent) and two non‑tenure‑holders, Kalawati and Mithlesh Kumari, for specific performance of a sale agreement for a plot of land. The lower courts held that the plaintiff was entitled to specific performance, treating the sales to the appellants as …

The appellants entered into a written sale agreement with the vendor (respondent No.3) for agricultural land, paid earnest money and took possession of the property. The vendor later sold the same land to a third party (respondent No.1) despite an injunction in favour of the appellants, and the third party sued for pos…

The landlord filed an eviction suit in June 1977 against a tenant after serving a notice under Section 106 of the Transfer of Property Act. The house was constructed in August 1968, and the landlord argued that the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 did not apply because the Act e…

The tenant, D.K. Ghosh, sent rent by postal money order stating "we shall vacate the premises within next 6/8 months," which the landlord, Mira Sen, treated as a notice to quit. When the tenant failed to surrender possession, the landlord filed an eviction suit under clause (j) of s.13(1) of the West Bengal Premises Te…

The appellants, sons of K.S. Vaiyapuri Chettiar, claimed ownership of six house doors in Town Survey No. 666/2 based on sale deeds executed in the 1940s and a decree for specific performance. The respondents, occupying the doors, argued that they held the property by long‑term permissive leases and had acquired title b…

The appeal concerned whether the recitals in Exhibit A1, particularly item 1 of Schedule 8, created a testamentary disposition (a Will) or a settlement/gift that vested rights in the plaintiffs during the executants' lifetimes. The Supreme Court examined the nature of the composite document, distinguishing between test…

The appellant, a tenant inducted in 1973, challenged an eviction suit filed by the landlord in 1990, arguing that the suit was barred under Section 20 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 because the ten‑year exemption period for newly constructed buildings had expired. The k…

The appellants, Vaishno Devi Construction and others, claimed to be assignees of a decree holder (the late S.N. Kanungo) and sought execution of arbitration awards turned into decrees under Order XXI Rule 16 of the CPC. The dispute turned on whether the Explanation added to Order XXI Rule 16 by the 1976 Amendment Act, …

The Nizam of Hyderabad (Sir Mir Osman Ali Khan) challenged the inclusion of certain immovable properties and an annual payment of Rs.25 lakhs in his net wealth for wealth‑tax purposes. The Supreme Court held that properties for which full consideration was received and possession handed over, even without a registered …

The borrowers defaulted on a loan secured by a mortgage over land in Navi Mumbai, prompting Union Bank of India to initiate SARFAESI proceedings and eventually conduct a public auction. The appellant, CELIR LLP, was the highest bidder, paid the full bid amount, and received a sale confirmation, but the bank withheld th…

The appellants borrowed money from the respondent, securing the loan with seven immovable properties. Their loan account was declared a non‑performing asset and the parties’ contract contained an arbitration clause, leading the respondent to initiate arbitration while also issuing notices under Section 13 of the SARFAE…

The dispute concerned two ancestral lands in Goa, "M" and "B", originally owned by the grandfather of brothers Suriaji and Gones. A 1915 sale deed conveyed portions of the lands to Suriaji, with an accompanying 1919 settlement deed stating that Suriaji had paid half the price on behalf of Gones and would transfer Gones…

The case involved a usufructuary mortgage executed in 1903 where the mortgagee claimed ownership after the statutory 30‑year limitation period had elapsed, while the mortgagor sought declaration of title by prescription. The trial and appellate courts held that, under Section 62 of the Transfer of Property Act, the mor…

The appellant, Sunita Jugalkishore Gilda, succeeded a mortgagee who had a mortgage over a three‑storied building since 1953. While several suits between the mortgagee and the mortgagors were pending, the mortgagors inducted a third party as a tenant without the mortgagee's consent. The mortgagee sued for possession and…

The Delhi High Court entertained a suit for specific performance of an agreement dated 13‑9‑1988 and restrained the vendor from alienating the property. The vendor later sold the suit property to six companies (the appellants) who, in turn, sold it to Bhagwati Developers, all in violation of the injunction. The appella…

V. R. Vora, a tenant of a room owned by the Bombay Port Trust, was served a quit notice under Section 106 read with Section 111(h) of the Transfer of Property Act, terminating his lease effective 28 February 1975. While the notice period was running, the Major Port Trusts Act, 1963 (a Central Act) was applied to the Po…