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…

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…

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 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 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 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 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 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 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…

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 …

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…

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 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…

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 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 …

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 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 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 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 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 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 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 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 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…

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 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 (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 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 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…

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 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…

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…

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 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 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 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 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 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…

The appellants, successors of the original landlords, sued the tenant Janardhan Subajirao Wide for possession of a hotel premises leased under a deed that expressly prohibited assignment of the business. The tenant first executed a partnership deed with Krishna B. Shetty and subsequently executed an assignment agreemen…

The case concerned a long‑standing partition suit over the matruka property of the late Nawab Jung, in which Defendant No.1 (Hamid Ali Khan) sold his share of 68 acres 10 guntas to Bala Mallaiah on 23‑Nov‑1959. The sale was challenged on the grounds that it was made during the pendency of the partition suit, that the v…

Om Prakash and another, joint owners of a property, filed an eviction suit under the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 against Mishri Lal (deceased) represented by his legal heirs. The tenants admitted tenancy under the appellants' grandmother but denied the appellants as landlor…

Vasanti purchased a residential property on 26 June 1982 from the heirs of Ramnathan Chettiar and sought a declaration of title and possession. The original occupant, Venugopal (deceased), claimed he had a 1975 agreement of sale with the same owner, had paid part consideration, taken possession and invoked Section 53A …

Nanak Builders sued the Sawhneys for specific performance of a 1986 sale agreement. While the suit was pending, the Sawhneys transferred the suit property to Thomson Press (India) Ltd. despite a court injunction and public notice of the dispute. Thomson Press applied under Order 1 Rule 10 CPC to be impleaded as a defen…

The Supreme Court examined whether mobile service providers (MSPs) could claim CENVAT credit on excise duties paid for mobile towers and prefabricated buildings (PFBs) used in their networks. The dispute arose from conflicting decisions of the Bombay High Court, which held the towers and PFBs to be immovable property a…

The appellant purchased a shop and sued the respondent for possession, alleging the respondent occupied the shop without any right. The respondent denied the appellant's title and pleaded adverse possession, claiming long possession. The trial court and first appellate court held in favour of the appellant, finding the…

M/S Payal Vision Ltd., the landlord, filed a suit for possession and mesne profits against Radhika Choudhary, the tenant, alleging a lease of Rs.50,000 per month and a notice under Section 106 of the Transfer of Property Act terminating the tenancy due to unauthorized structural changes. The tenant contested the nature…

The appellants had taken term loans from Bank of India which later became non‑performing, prompting the bank to invoke sections 13(2) and 13(4) of the SARFAESI Act and take constructive possession of the mortgaged property. After a public auction on 19 December 2005, the highest bidder was issued a sale certificate on …

The appellant, SMS Tea Estates, entered into a 30‑year lease deed with the respondent, Chandmari Tea Co., which contained Clause 35 mandating arbitration of disputes. The lease deed was not registered, though registration was compulsory, and it was also not duly stamped. The appellant sought appointment of an arbitrato…

Apollo Zipper India Ltd., which became the absolute owner of a commercial premises after a series of statutory transfers, served a quit notice under Section 106 of the Transfer of Property Act to its tenant, W. Newman & Co. Ltd., demanding arrears and vacant possession. The tenant sought leave to defend the summary evi…

The plaintiff obtained a decree for permanent injunction restraining the defendant from interfering with his immovable property. The judgment‑debtor died shortly thereafter, and his heirs attempted to dispossess the plaintiff, prompting the plaintiff to file an execution petition. The issue before the Supreme Court was…

The appellant, a tenant, challenged the Bank of India's attempt to take possession of a mortgaged premises under the SARFAESI Act after the landlord defaulted on a loan. The Court examined whether Section 35 of the SARFAESI Act, a non obstante clause, could override the Maharashtra Rent Control Act, 1999 and allow the …

The Supreme Court heard an appeal by Shri Mukund Bhavan Trust and its trustees challenging the High Court’s affirmation of a trial court order that rejected their application under Order VII Rule 11(d) of the CPC to dismiss a plaint filed by Shrimant Chhatrapati Udayan Raje Pratapsinh Maharaj seeking declaration of own…

Giriyappa and others filed a suit for declaration of title and recovery of possession of land. The defendants claimed they had a sale agreement dated 25‑11‑1968 and were in possession of the land under part performance, seeking protection under Section 53A of the Transfer of Property Act. The trial court decreed in fav…

The case concerned a dispute over agricultural and house property owned by Sultan Saheb, who died in 1978. The plaintiffs claimed they were entitled to a one‑sixth share as heirs, while the defendants alleged that Sultan had partitioned the land among his sons during his lifetime and later gifted two portions to them. …

The plaintiff, Leela Agrawal, mortgaged her two‑acre agricultural land to the defendant, Sarkar, in 1990 by executing a registered mortgage deed that stipulated a three‑year period for redemption, after which the deed would become an absolute sale upon default. The plaintiff attempted to redeem the mortgage in 1993, bu…

Infrastructure Leasing and Financial Services Ltd (IL&FS) obtained a ₹400 crore loan from HDFC Bank, securing the facility by assigning lease‑rental receivables to the bank under a Master Facility Agreement, Assignment Agreement and related escrow documents. The National Company Law Appellate Tribunal (NCLAT) issued an…

Meera Devi, the owner of a house in Jhansi, filed an eviction suit against tenant Dinesh Chandra Joshi for non-payment of rent. The trial court ordered eviction and payment of compensation, but the High Court later set aside the suit. During the pendency of the appeal, the Supreme Court directed the tenant to pay rent …

Raman Aithan Ashari executed a deed of gift in favour of the Chuzhali Bhagavathi Dharmadeva Bhandaram, an idol, stating that possession of the property was delivered. The deed was not expressly accepted, but the High Court held that the recital of possession created a presumption of acceptance, placing the burden on th…

Syscon Consultants entered into a 1985 agreement to purchase a coastal island in Goa from defendants 1‑6, who misrepresented themselves as sole owners and concealed a mortgage and a sister's pre‑emptive rights. The plaintiff paid an advance and later discharged the mortgage by paying Rs 17 lakh, but the defendants fail…

The appellant, Banatwala & Co., a tenant of premises owned by Life Insurance Corporation of India (LIC), sought fixation of standard rent and restoration of essential services under the Maharashtra Rent Control Act, 1999 after the landlord raised rent and failed to repair a lift. The respondents argued that the premise…

M/s Rewa Tollway entered into a BOT concession agreement with Madhya Pradesh Rajya Setu Nirman Nigam Ltd. in 2002, believing, based on executive clarifications, that no stamp duty would be payable. The State later amended the Indian Stamp (M.P.) Act in 2002, imposing a 2% stamp duty on the amount spent by the lessee, a…

The appellants purchased half of a 3.40‑hectare land from respondent No.2 in 1985, and a sale deed was executed on 02‑12‑1985 but remained unregistered due to stamp‑duty deficiency until 14‑06‑2011. Respondent No.2 later executed a second conveyance in 2010 in favour of respondent No.1 for the same land, leading the ap…

The appellants filed three suits (1974, 1977, 1980) for recovery of rent arrears covering October 1971 to November 1980. The trial court decreed in their favour and the decree was affirmed by a lower appellate court. The High Court set aside the decree on the sole ground that the rent deed (Exhibit‑69) was not register…

Allokam Peddabbayya and another bought a property in 1985 that was under an equitable mortgage created in 1979 by Defendants 3 and 4 in favour of Allahabad Bank. The bank foreclosed on the loan, obtained a decree in 1991 and the property was auctioned in 1993, with a sale certificate issued to the auction purchaser (De…

The Supreme Court examined a batch of appeals concerning whether electricity arrears of a previous owner can be recovered from a subsequent owner who acquired the premises through auction or other transfers. It held that the duty of a distribution licensee to supply electricity under Section 43 of the Electricity Act, …

The State of Uttar Pradesh acquired land for the Yamuna Expressway Industrial Development Authority (YEIDA) and allotted plots to allottees. Farmers whose lands were acquired for YEIDA demanded the same 64.7% additional compensation awarded to farmers in the NOIDA and Greater NOIDA cases (Gajraj and Savitri Devi). The …

The appellants, Gurcharan Singh and others, obtained a decree on 9 January 1995 confirming their ownership of a suit land based on a registered will (dated 2 September 1986) and a family settlement (dated 15 June 1994) executed by the sole defendant, Bhajan Singh. Bhajan Singh had admitted these facts in his statement …

The appellants, owners of land leased for 20 years to the respondent, sought possession after the lease was deemed terminated for non‑payment of rent and after part of the land was de‑notified following acquisition under the Land Acquisition Act. The respondent claimed a share of compensation for the unexpired lease te…

The case involved a dispute between ITC Limited, the auction purchaser of a five‑star hotel, and Blue Coast Hotels Ltd., the original borrower, under the SARFAESI Act. The borrower argued that the creditor (IFCI) violated s.13(3A) by not replying to its representation for loan rescheduling and that the inclusion of agr…

The appellant, the idol of Sri Renganathaswamy, challenged a suit filed by the Anandhana Trust seeking civil‑court permission to sell a portion of a property that had been endowed for charitable activities associated with the deity. The central question was whether the 1901 Deed of Settlement created a ‘specific endowm…

The plaintiff, Venigalla Koteswaramma, filed a suit for partition of her step‑mother Annapurnamma's properties, alleging that her siblings were co‑sharers and that defendant 4 had fraudulently obtained thumb impressions to execute a sale agreement and a will. The trial court held that both the alleged will (Ex. B‑9) an…

The appellant, representing the estate of Jagan Singh, sought a permanent injunction to prevent Dhanwanti, the widow of the testator, from selling a parcel of bhumidhari land that had been bequeathed to her with a restriction limiting her rights to her lifetime. The lower courts held that the restriction was invalid un…

The appellant, Ramdas Bansal, held a 21‑year lease of a building (Grace Cinema Hall) on premises in Kolkata and, after the lease expired, the respondents filed a suit for vacant possession and rectification of the lease description. Bansal sought to introduce documents alleging that the respondents were "Thika" tenants…

Suresh Shah, the landlord, sub‑leased a property to Hipad Technology India Private Limited. A dispute arose under the sub‑lease dated 14‑11‑2018, and the lease contained an arbitration clause. Shah issued a notice invoking the clause, nominated retired Justice Mukul Mudgal as sole arbitrator, and filed an arbitration p…

The landlords filed a civil suit for eviction of tenants occupying a shop in a rural area of Haryana, which at the time of filing was not covered by the Haryana Urban (Control of Rent and Eviction) Act, 1973. While the suit was pending, a municipal notification brought the area within the urban sweep, thereby subjectin…

The West Bengal Housing Board (appellant) purchased a 20.184‑acre plot from the legal heirs of late Gangadas Pal, who were intermediaries under the West Bengal Estates Acquisition Act, 1953. The heirs had earlier been parties to a partition suit (Title Suit No. 121 of 1962) that was later amended to include the plot, a…

The case concerned land acquired under the Land Acquisition Act, 1894 where a Section 4 notification was issued in 1978 and a Section 6 declaration in 1981 covering a parcel of land (the suit land). The original tenure‑holders accepted compensation under protest, did not file any objection under Section 5A, and later t…

The appellant sought redemption of a mortgage, alleging that a 1973 sale deed coupled with a reconveyance agreement constituted a mortgage by conditional sale. The sale deed transferred absolute ownership of a plot for Rs 5,000, while the reconveyance agreement allowed the vendor five years to repurchase the property o…

Indian Overseas Bank (IOB) had taken possession of two secured assets of M/s RCM Infrastructure Ltd. and conducted an e‑auction under the SARFAESI Act, selling the assets to bidders who paid 25% of the price and were later allowed to pay the balance by 8 March 2019. The corporate debtor filed a petition under Section 1…

The West Bengal Small Industries Development Corporation Ltd. (the Corporation), a government undertaking, purchased a factory complex and subdivided it into plots, leasing three bare‑land plots to M/s Sona Promoters Pvt. Ltd. (respondent). The lease was terminated for failure to commence construction, and the Corporat…

The Bangalore Development Authority (BDA) allotted a residential site to the first defendant in 1979, obligating her to construct a house within two years under the City of Bangalore Improvement (Allotment of Sites) Rules, 1972. In 1982 she entered into an agreement with the plaintiff to sell the site, promising posses…

The dispute arose from commercial shops that were erected on a residential plot in Meerut by the original allottee (Respondent No.5) and his power‑of‑attorney (Respondent No.6) without any sanction under the U.P. Avas Evam Vikas Parishad Adhiniyam, 1965. The shops were later sold to the appellants, who challenged the H…

The appellant Raj Kumari filed a partition suit claiming a one‑fourth share in a tenement allotted to her mother Suhagwanti. The respondent Surinder Pal Sharma defended the suit by producing a registered Will dated 02‑01‑1992, allegedly executed by Suhagwanti in his favour and attested by Ramesh Kumar (the appellant's …

Mrs. Leelamma Mathew purchased a secured property advertised as 54 cents in an auction conducted by Indian Overseas Bank under the SARFAESI Act. After paying the full consideration, she received possession of only 39.60 cents, the remaining 14.40 cents having been transferred earlier by the original debtor. She sued th…

The appellant, a non‑resident Indian (NRI), purchased a building in Punjab that was already occupied by a tenant who had been inducted by the previous owner. After returning to India, the appellant sought eviction of the tenant under Section 13‑B of the East Punjab Urban Rent Restriction Act, 1949. The central issue wa…

The Supreme Court examined two Special Leave Petitions filed by IDBI Bank Ltd. challenging a High Court order that dismissed its application to execute a sale deed of KOFL's sole immovable property and revived winding‑up proceedings against KOFL. The Court held that the winding‑up petition must be revived because the m…

A group of heirs filed a suit in 1987 to set aside a 1963 Agricultural Lands Tribunal order and a 1954 sale certificate concerning land that had been placed under the control of a court‑appointed receiver after the death of the original owner in 1946. The defendants moved to reject the plaint under Order VII Rule 11(d)…

The appellant purchased a mortgaged land in 1964 from the original mortgagors, who had earlier mortgaged the property to the defendant mortgagee. The mortgagee filed a suit for foreclosure in 1965 without impleading the appellant, obtained a decree, and later took possession of the land from the appellant. The appellan…

HDFC Bank granted a loan to borrowers who mortgaged a flat as security. When the borrowers defaulted, the bank issued a notice under Section 13(2) of the SARFAESI Act to take possession of the secured asset. The appellant, Hemraj Ratnakar Salian, claimed to be a tenant of the flat since June 2012 and sought protection …

The case involves a property dispute between the branch of Lakshmiah Naidu (respondents) and legatees under a Will (appellants) of Rangaswami Naidu, who died on 01.06.1955 before the Hindu Succession Act, 1956. The appellants claimed that Rangaswami Naidu had severed the joint family status through a newspaper notice a…

Renikuntla Rajamma (donor) executed a registered gift deed in favour of K. Sarwanamma (donee) but reserved for herself a life interest to occupy the property and receive its rents. She later executed a revocation deed, which lower courts held void, affirming the validity of the original gift. The Supreme Court examined…

The landlord filed an eviction application under Section 13 of the East Punjab Urban Rent Restriction Act, 1949, alleging arrears of rent and house tax. The Rent Controller held that the rent note was not signed by both parties, was not a lease requiring compulsory registration, and ordered eviction. The Appellate Cour…

The predecessor‑in‑interest of Bharatha Matha filed a suit for a share in the property of her brother Muthu Reddiar, who died intestate and allegedly unmarried. Defendant No.1, Rengammal, claimed she was lawfully married to Alagarsami Reddiar (who was alive) and also asserted a live‑in relationship with Muthu Reddiar, …

The appellants owned a plot leased to Caltex India Ltd. for 20 years from July 1960, with a clause allowing renewal for another 20 years upon two months' notice. The property was mortgaged in 1962 and redeemed by the appellant in April 1983. The appellant served a notice under Sections 106 and 111(g) of the Transfer of…

The dispute concerned land that respondent No.1 claimed to have bought from Sitaram Mills Ltd. (SSML) under an unregistered 1975 agreement to sell, for which full consideration was paid and possession taken. The textile undertaking of SSML was taken over by the Central Government under the Textile Undertakings (Taking …

The appellant, a carrier, appealed against a complaint filed by the assured (a consignor who was also a consumer) and the insurer under the Consumer Protection Act, 1986, seeking compensation for loss of a consignment. The goods were insured, the insurer paid the assured, and the assured executed a Letter of Subrogatio…

The dispute concerned a 0.08‑cent portion of a 120‑acre land parcel in Chengalpattu, where the appellant Seethakathi Trust claimed title based on a series of registered sale deeds dating back to 1963, while the respondent Krishnaveni sought specific performance of an earlier agreement and claimed possession of the same…

The Supreme Court examined civil suits filed by Joginder Kaur (deceased) represented by Nirmal Gill, seeking to declare a 1990 General Power of Attorney (GPA) and related sale deeds as fraudulent and void. The lower courts had held the documents genuine, but the High Court reversed that finding, declaring them forged. …

The Supreme Court examined whether Bharat Sanchar Nigam Ltd. (BSNL), a statutory corporation that had acquired the assets and liabilities of the Department of Telecommunications (DoT), could invoke Article 112 of the Limitation Act, 1963, which grants a thirty‑year limitation period for suits by the Central Government.…

The State of Rajasthan filed a special writ appeal (DB Special Appeal Writ No.02033 of 2007) against an order of a Single Judge dated 19.05.2006 concerning an eviction under the Rajasthan Public Premises Act. The appeal was filed 98 days late; in the condonation application the State mistakenly recorded the filing date…

The case concerned a 16‑feet‑by‑103‑feet passage in a Chennai property. The plaintiff (Dr. S. Kumar & Ors.) claimed exclusive right to use the passage based on a sale deed dated 31 May 1988, while the defendant No.2 (S. Ramalingam) relied on an earlier sale deed dated 1 April 1976 that reserved a right of way for her. …

The plaintiff, Syed Nabi, borrowed Rs 5,000 from the defendant and later an additional Rs 2,224, treating the sums as consideration for a sale of his land. A registered sale deed dated 10‑12‑1968 conveyed the land to the defendant, and a contemporaneous agreement promised reconveyance upon repayment. A later agreement …

The Supreme Court examined a dispute where the Uttar Pradesh Government, under a lease deed dated 19 March 1996, cancelled the lease of a plot in Allahabad and resumed possession for public purposes such as extending the High Court building. The lessees challenged the cancellation, alleging violation of Article 14 and …

The original plaintiff, Mrs. Cherian, sued the Mathew family for title and possession of a 2.81‑acre land parcel. The trial court dismissed the suit, but the High Court later restored it and the decree of possession was finally passed in 2000, with a later modification requiring the defendants to pay compensation. Afte…

The case concerned a suit for possession of a shop in Ludhiana filed by the grandson and great‑grandson of Dr. Hira Singh, who claimed title after the death of the testator’s widowed daughter, Shiv Dev Kaur, who held a life interest under a 1944 will. The daughter had created a tenancy with the defendant and was entitl…

Four joint owners of agricultural land agreed to sell their shares to two co‑owners, but two owners died and the widow (Respondent No.3) recorded her husband's share in her name. The remaining co‑owners executed a sale deed in favour of the plaintiffs (Respondents Nos.1 & 2) and took possession of the land, while Respo…

The plaintiff, Gangubai Raghunath Ayare, sued for administration of her father‑in‑law's estate and sought to declare a sale deed by her brother Vishnu null and void. The trial court dismissed the administration claim for lack of necessary parties but declared the sale deed void and ordered possession of half the proper…

The appellant, Santosh Chaturvedi, filed a petition under Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 seeking release of a shop premises occupied by the respondents. The prescribed authority dismissed the petition on the ground that the appellant could not claim own…

The appellants, small farmers, mortgaged their agricultural land to a cooperative bank and, after defaulting, the bank obtained an ex‑parte arbitral award ordering sale of the mortgaged property. The land was auctioned in 1981 and the sale was confirmed in 1985, even though the appellants had repaid the principal amoun…

The appellant, PNB Housing Finance Ltd., took symbolic and later physical possession of a premises that had been offered as security for a loan to the borrower (2nd Respondent) after the borrower defaulted. The 1st Respondent claimed to be a tenant of the premises since 1987 under an unregistered lease and sought resto…

The plaintiffs entered into an agreement to sell a Bangalore property in 1981, paying an advance but failing to execute the sale deed within the stipulated three‑month period, citing a government restriction on registration. The defendants sent multiple notices demanding payment of the balance and eventually forfeited …

The respondents filed a suit seeking declaration of ownership and a permanent injunction, alleging a prior compromise that purportedly made them owners of the disputed land. The trial court dismissed the suit, but the first appellate court set aside that dismissal on the basis of alleged settlement statements, a decisi…

Maharaji Educational Trust, U.P. Avas Evam Vikas Parishad and HUDCO appealed against a Lucknow High Court order that directed the Parishad to demarcate 42.45 acres of mortgaged land and to declare 21 acres as unencumbered, based on a sale agreement with SGS Construction. The Supreme Court held that the High Court lacke…

The R.B.A.N.M.S. Educational Institution, a charitable trust in possession of a Bangalore property since 1905, was sued by respondents who claimed a right to prevent the institution from alienating the land based on an alleged 2018 agreement to sell and an advance cash payment of Rs.75 lakh. The institution filed an ap…

The appellants claimed that they had paid Rs.17,000 of the Rs.22,000 purchase price and that title passed to them upon execution and registration of the sale deed, seeking specific performance to obtain the registration receipt. The vendor denied any payment, retained the registration receipt, cancelled the deed and so…

The appellant, Booz‑Allen & Hamilton Inc., sought to refer a mortgage suit filed by SBI Home Finance Ltd. to arbitration under clause 16 of a tripartite deposit agreement. The High Court rejected the application, holding that the dispute was not covered by the arbitration clause, that the appellant had waived its right…

The appellant, P.K. Mohan Ram, sought partition of his share in a property that the original owner had earlier executed a document titled "Settlement Deed" in favour of 16 relatives. The respondents claimed the document was a will obtained by fraud and that the settlor later executed a revocation deed and a will. The t…

The case concerned a parcel of Thalavari Inam agricultural land in Kolar district that was sold by the original Inam holders, Muni Papanna and his father, to Nadumpalli Muneppa on 13 May 1971. The land was later re‑granted to the original holder Muni Papanna on 31 March 1982 under the Karnataka Village Offices Act, 196…

The Supreme Court of India addressed two interconnected issues: whether landlord-tenant disputes governed by the Transfer of Property Act, 1882 are arbitrable, and the scope of judicial review under Sections 8 and 11 of the Arbitration and Conciliation Act, 1996. The case arose from a tenancy agreement containing an ar…

The plaintiff, Shami Mohd., sued Jamila Begum for a declaration that a 1967 mortgage deed and a 1970 sale deed executed by his father, Wali Mohd., in favour of the defendant were void, alternatively seeking redemption of the mortgage. The trial court held the documents valid and dismissed the suit; the first appellate …

The dispute arose from a 1963 instrument by which two brothers transferred their share of a family property to their sister-in-law Govindammal. The lower courts held that the instrument was a valid settlement deed granting her a two‑thirds share, while the High Court reversed this, deeming it a gift deed for lack of ad…

The plaintiff purchased a property that was earlier let to a tenant whose successors, defendants No.1 and 2, continued occupying it. After informing them of the purchase, the plaintiff demanded rent which they failed to pay, leading to a regular civil suit for eviction. The defendants argued that the deceased tenant's …

The plaintiff, Rajendra Kumar Gupta, claimed ownership of a 7.60‑acre parcel of land in Mowa village, asserting that he purchased it by a registered sale deed in 1968 and had peacefully possessed it until dispossessed in 1983. The defendants, his cousins, contended that the land was joint Hindu family property, that th…

Daljit Singh filed a suit on 24‑12‑1992 seeking specific performance of an agreement to sell dated 17‑08‑1990. While the suit was pending, Janraj Singh (defendant No.1) executed a sale deed on 08‑01‑1993 in favour of Shingara Singh (defendant No.2/appellant). The Trial Court dismissed the specific‑performance claim but…

Dr. Thakar Singh and others mortgaged several shops in Moga to Suba Singh and Saudagar Singh in 1942, later redeeming the mortgage in 1969. The mortgagees, however, retained possession and leased the premises to several tenants. The mortgagors sued for possession, and the lower court held the suit barred under the Rent…

Abdul Khuddus, a statutory tenant under the Karnataka Rent Control Act, was evicted when the Bangalore City Corporation demolished the dilapidated building under Section 322 of the Karnataka Municipal Corporations Act. The tenant filed suits for injunction, possession and damages, which the High Court allowed, holding …

The Union of India appealed against a Delhi High Court order that set aside a 1989 decree passed under Sections 30 and 31 of the Land Acquisition Act, 1894, which had awarded 87% of compensation to the respondents and 13% to the Gaon Sabha. The appellants alleged that the decree was obtained by fraud, claiming that the…

Kirpal Kaur filed a partition suit seeking her late husband's share in a Delhi building (schedule ‘B’ property). The trial court and the Delhi High Court held the property to be self‑acquired by her father‑in‑law and denied her any share. On appeal, the Supreme Court examined the evidence, including the father‑in‑law’s…

The appellant, who was the original defendant, challenged a lower‑court order that allowed the plaintiffs to amend their suit seeking redemption of a mortgage and possession of a shop. The plaintiffs had earlier filed a small‑cause suit that was dismissed for non‑prosecution, and later filed a civil suit under Section …

The plaintiffs filed a title suit seeking a declaration under Section 53A of the Transfer of Property Act, a permanent injunction and related reliefs, alleging continuous possession of the property for over twelve years. The defendants moved an application under Order VII Rule 11 of the CPC to have the plaint rejected …

The Supreme Court considered contempt petitions filed by the successful auction purchaser (Celir LLP) against the original borrower, a subsequent transferee, and the bank, alleging wilful disobedience of the Court’s 21 September 2023 judgment that confirmed the 9th auction of a secured asset and directed issuance of a …

The case concerned eviction proceedings initiated by the Municipal Corporation of Greater Mumbai against occupants who held premises on a licence basis. The respondents challenged the Inquiry Officer's authority and the High Court's order that framed nine specific points for the Officer to determine, alleging violation…

The Haryana Financial Corporation (HFC) advanced a loan to Gurcharan Singh, who gave a written, unregistered undertaking on 5 March 1994 that he would not dispose of certain immovable properties during the loan period. After default, HFC seized and sold hypothecated machinery, while Singh's wife obtained a decree decla…

The Sainath Mandir Trust, a registered public trust, received a plot of land in 1974 as a gift deed dedicated to the idol of Saibaba, and took possession of it. In 1982 the predecessor of respondents 1‑7 purchased the same plot from the original owner (respondent No.8) by a registered sale deed, but never obtained poss…

The plaintiff, the heir of Bhimrao Ramchandra Khalate, had executed a document titled “conditional sale deed” on 22‑Feb‑1969, borrowing Rs.3,000 from defendant No.1 and agreeing that the land would be reconveyed upon repayment within a year. Defendant No.1 refused to reconvey and later transferred the land to his broth…

The plaintiffs entered into agreements dated 20‑09‑1965 and 28‑04‑1966 for the sale of 50 acres of agricultural land, paying part of the consideration and taking partial possession. The defendants contended that the documents were merely collateral security for a loan. The Supreme Court held that the agreements were un…

The appellants, who were occupying a flat in Bombay as a gratuitous licensee, were evicted by a decree of the Small Causes Court under s.41(1) of the Presidency Small Causes Courts Act, 1882 (as amended by the Maharashtra Act of 1976). They appealed, arguing that the term "licensee" in the statute should be limited to …

The State of Telangana allotted a parcel of government land to the Dr. Pasupuleti Nirmala Hanumantha Rao Charitable Trust under the Telangana Alienation of State Lands and Land Revenue Rules, 1975, subject to three conditions. The Trust later subdivided the land and sold plots, allegedly breaching those conditions. The…

The appellant, Ramesh Mishrimal Jain, entered into an agreement to sell dated 03‑09‑2003 with the mother of respondent No.1 concerning a house in Khed. The agreement stipulated that the appellant was already in possession of the property as a tenant and that ownership possession would transfer only after execution of a…

In 1947 a mother, Thayammal, executed a First Settlement Deed granting interests in her property to her two sons and her daughter. Subsequent deeds in 1952 and later altered those interests, ultimately leaving the daughter’s husband, Gopalakrishnan, claiming a vested right as heir of the daughter under the First Settle…

The appellant, a tenant of a small shop in Doiwala, Dehradun, received a notice of termination under Section 106 of the Transfer of Property Act on 19 September 1972 and the landlord filed an eviction suit on 1 October 1972. The issue was whether the tenancy was protected by the United Provinces (Temporary) Control of …

The appellant, a landlord, stepped into the shoes of a lessor who had executed a 99‑year lease in 1992. After the lessee defaulted on rent, the appellant filed a suit in 2007 for recovery of possession, mesne profits and an injunction. The lessee sought dismissal of the suit under Order VII Rule 11, CPC, arguing that t…

The appellants purchased 23.98 acres of agricultural land from Sushila Devi under an Agreement to Sell dated 30‑08‑1990, paid full consideration and took possession, but the legal heirs refused to execute a sale deed. The trial court decreed specific performance, but the High Court reversed, holding the agreement void …

Embassy Hotels Pvt. Ltd. filed a suit for specific performance of a 1978 agreement for sale of land that had been mortgaged by the vendor, M/s. Gajaraj & Co., to Srinivasa Perumal Financing Corporation. The mortgaged land was sold by court auction to the appellant, who obtained a sale certificate that was confirmed by …

The landlord filed a civil suit seeking eviction of the premises leased to the defendant, Himangni Enterprises. The lease deed contained an arbitration clause, prompting the defendant to file an application under Section 8 of the Arbitration and Conciliation Act, 1996 to refer the dispute to arbitration. The trial cour…

The plaintiffs claimed a one‑third share in agricultural land and sought a permanent injunction and joint possession, alleging that a sale deed dated 14‑06‑1973 was fraudulent and void because they never executed it and received no consideration. The trial court dismissed the suit as time‑barred; the First Appellate Co…

The landlord filed an eviction suit against the tenant, who admitted the tenancy but claimed an agreement to sell the premises and alleged payment of Rs. 82.5 lakhs, also filing a suit for specific performance. The trial court invoked Order 12 Rule 6 of the CPC and passed a decree for eviction on the basis of the tenan…