Created by Fuzzy Cloud

Transfer of Property Act, 1882

828 judgments · newest first · showing 1–200

ECONOMY ENGINEERING CO. AND ORS.versusTHE ORIENTAL INSURANCE CO.LTD. AND ANR.

Allowed

The petitioners, three entities occupying rooms in the Kirti Building, challenged an eviction order issued by the Estate Officer and affirmed by the Bombay City Civil Court, alleging that the termination was based on an alleged sub‑letting of the premises. The petitioners argued that the tenancy had …

HARILAL TALKSHI SHAHversusM/S. GADA ENTERPRISE AND OTHERS

Dismissed

The appellant, Harilal Talkshi Shah, sought an injunction to restrain Respondents 1, 2 and 9‑12 from constructing on and creating third‑party rights over a suit property, alleging that his leasehold rights under a 1971 Assignment Deed were still subsisting and that an unregistered 2002 agreement had …

HARILAL TALKSHI SHAHversusM/S. GADA ENTERPRISE AND OTHERS

Disposed Off

The appellant, Harilal Talkshi Shah, sought an injunction to restrain respondents (including M/s. Gada Enterprise and others) from constructing on and creating third‑party rights over a 3267‑sq‑yard property in Borivali, alleging that his leasehold rights under a 1971 Assignment Deed were still …

L AND T FINANCE LTD.versusSANJAY ISHAWARLAL THAKKAR AND ORS

Disposed Off

The plaintiff, owner of two flats, alleged that a sale deed executed in 2020 was obtained through fraud and sought declaration of its nullity, ownership rights, and an injunction against the defendants, including a housing finance company (Defendant No.7). The finance company filed a revision …

SURESH ATALRAI KESHWANI AND ANRversusMAHESH ATALRAI KESHWANI

Dismissed

The petitioners, senior siblings, challenged a stay order granted by the Small Causes Court that allowed them, as gratuitous licensees, to remain in a flat after an eviction decree. The appellate court had conditioned the stay on the petitioners depositing Rs 3,00,000 per month as interim …

SACHIN OMPRAKASH AGARWALversusMR. JAIDEEP KUNVERJI RATHOD AND OTHERS

Dismissed

The appellant, Sachin Omprakash Agrawal, entered into a 2013 agreement with respondents 1‑4 for the transfer of leasehold rights over Plot No. 44, Ghansoli, with a balance payment conditioned on the execution of a lease by CIDCO. The appellant alleges that the respondents failed to obtain the …

SACHIN OMPRAKASH AGARWALversusMR. JAIDEEP KUNVERJI RATHOD AND OTHERS

Disposed Off

The appellant, Sachin Omprakash Agrawal, entered into a 2013 agreement with respondents 1‑4 for the transfer of leasehold rights over Plot No. 44, Ghansoli, with a balance payment conditioned on the execution of a lease by CIDCO. The appellant alleges that the respondents failed to obtain the …

BANK OF MAHARASHTRAversusMRS. GUNWANTI KASHINATH ZARKAR AND ORS

Disposed Off

The Bank of Maharashtra, a nationalised bank, owned a chawl that it redeveloped into a new building and entered into tenancy agreements with the former tenants, Arjun Satardekar and Janabai Raut. After the tenants' deaths, the bank served notices under Section 106 of the Transfer of Property Act …

BANK OF MAHARASHTRAversusSHRI. A. B. SATARDEKAR AND ORS

Disposed Off

The Bank of Maharashtra, a nationalised bank, owned a chawl that it redeveloped into a new building and entered into tenancy agreements with the former tenants, Arjun Satardekar and Janabai Raut. After the tenants' deaths, the bank served notices under Section 106 of the Transfer of Property Act …

NAVINA DINESH SHETTYversusSHAIKH AYUB REHMAN and ANR.

Disposed Off

The petitioner, Navina Dinesh Shetty, challenged a 2003 appellate decree that reversed a trial court's finding that she was a tenant of a commercial shop and instead held her to be a mere licensee, ordering her to vacate and pay Rs.2,000 per month. The core issue was whether the caretaker agreements …

NAVINA DINESH SHETTYversusSHAIKH AYUB REHMAN

Disposed Off

The petitioner, Navina Dinesh Shetty, challenged a 2003 appellate decree that reversed a trial court's finding that she was a tenant of a commercial shop and instead held her to be a mere licensee, ordering her to vacate and pay Rs.2,000 per month. The core dispute centered on whether the 1994 and …

SMT. CHITRALEKHA SUBHASH KHARPUDE AND ANRversusSHRI RAMDAS BABAN WAVHAL

Disposed Off

The appellants (defendants) appealed against a decree cancelling a 2008 Agreement for Sale, which the trial court had upheld on the ground that they failed to pay the balance consideration of Rs.4,50,000. The appellants argued that the plaintiffs (respondents) had breached reciprocal obligations by …

RAJESH KUMAR CHAURASIA AND 2 OTHERSversusSURESH KAPOOR AND 3 OTHERS

The plaintiff sought eviction of the defendants for alleged non‑payment of rent, claiming a subsisting tenancy despite an agreement to sell dated 24‑12‑2002. The defendants argued that the agreement and a purported letter of possession terminated the tenancy, invoking protection under Section 53‑A …

Smt Monila Amar Kothari and othersversusMr Sardarmal Chunilal Chavan and others

Disposed Off

The appellants claimed title to a suit property based on a 1979 agreement of sale and a subsequent sale deed dated 31 August 1995, which they argued was not bound by a 1995 compromise decree between the original owners and the plaintiffs. The District Judge had set aside the 1995 consent decree as …

SMT. MONILA AMAR KOTHARI AND OTHERSversusMR. SARDARMAL CHUNILAL CHAVAN AND OTHERS

Disposed Off

The appellants sought title to a suit property based on a 1979 agreement of sale, alleging that a later sale deed executed on 31 August 1995 in their favour was valid despite a compromise decree dated 28 February 1995 that settled a specific‑performance suit in favour of the plaintiffs. The District …

SHEKHAR SHANKAR JOSHIversusANITA ARUN BHAVE

Dismissed

The appellant, Shekhar Shankar Joshi, challenged a decree that gave him a two‑third share in ancestral land (Gat No.27 and a house) after a lower court had held the plaintiff, his sister Anita Arun Bhave, entitled to a half share and declared a 2013 relinquishment deed by their mother void. The …

SHEKHAR SHANKAR JOSHIversusANITA ARUN RHAVE

Disposed Off

The appellant‑defendant Shekhar Joshi appealed against the appellate court’s order that gave him a two‑third share in the ancestral land (Gat No.27 and house) and reduced the plaintiff‑respondent Anita Bhave’s share to one‑third, based on a 2013 relinquishment deed executed by their mother. The …

PRAFULBHAI JAGDISHNARAYAN AGRAWALversusGOVINDBHAI AMBARAM PATEL

26-DISMISSED @ ADM.STAGE

The appellant, a construction firm, claimed to have purchased agricultural land in 1985 and 1990 through agreements and irrevocable powers of attorney, and sought specific performance, declaration of a 2018 sale deed as void, and injunctions. The trial court dismissed the suit under Order VII Rule …

SHRI. SURYAKANT RAVJI SHAH AND ANRversusSHRI. GAUTAM RAMCHANDRA DESAI AND ORS

Allowed

The petitioners sought relief against the Minister’s orders cancelling mutation entries and setting aside a sale of Mahar Watan land that had been transferred without the Collector’s prior sanction. The dispute centered on whether the 2002 amendment inserting Section 5(4) into the Bombay Inferior …

NAMDEO GANPAT SONAWANEversusDNYANOBA LAXMAN NEWASKAR DECEASED

Disposed Off

The appellant claimed a 90% share in a property while the respondent asserted an equal 50% share each. The trial court had declared a 90% share for the appellant based on alleged payment of 90% of the consideration, but the First Appellate Court reversed this, presuming equal ownership under Section …

Kavindra Singh @ Kamendra SinghversusSanjay Kumar

DISMISSED

The petitioners sought to set aside the orders that a title suit filed by the deceased plaintiff had abated on her death and that they could not be transposed or substituted as plaintiffs. They argued that they were legal heirs and purchasers of the suit property and therefore entitled to continue …

JAI RAM DASversusDIGVIJAY SINGH AND 3 OTHERS

The appellant, Jai Ram Das, claimed possession of a brick‑kiln premises under a registered lease dated 22‑Nov‑2010, which he alleged was extended by subsequent payments up to 21‑May‑2026. He filed an injunction to restrain the respondents from evicting him, but the trial court rejected the …

HEIRS OF DECEASED RAMSHAKTI JIVANDASversusHEIRS OF DECEASED BHALABHAI DAHYABHAI

47-DISPOSAL IN ANY OTHER MODE FH

The heirs of the late Ramshakti Jivandas filed a suit seeking declaration of ownership and an injunction against the heirs of the late Bhalabhai Dahyabhai, alleging that a 2010 sale deed in favour of a third party was fraudulent and that they had been in possession of the land since 1984 under a …

Muzaffarpur ClubversusSmt. Usha Sinha

DISMISSED

The plaintiffs, heirs of Mahant Raghunath Das, sued the Muzaffarpur Club for eviction, arrears of rent and damages, alleging that the Club held the premises under a lease dated 17 July 1889 (Ext.10/A) and had defaulted on rent since 1956. The defendants contended that Ext.10/A created a permanent, …

Dhirendra Kumar SinghversusAruna Devi

DISMISSED

The plaintiff Aruna Devi filed a title suit seeking redemption of a mortgage and possession of land mortgaged by Kaushalya Singh to Ram Briksh Singh. The land was later sold by Kaushalya's son Surendra Singh to Aruna Devi, who deposited the mortgage amount under Section 83 of the Transfer of …

AMIT KUMAR AGRAWALversusSMT. VANDANA RANI AND 3 OTHER

The plaintiff Amit Kumar Agarwal filed two suits (No. 104 of 2008 and No. 1280 of 2014) concerning the same plots of land, leading to overlapping litigation. He sought a transfer under Section 24 of the CPC so that both suits would be heard by a single court, arguing that the property issues were …

M/S SUPER CLOUD PVT LTDversusSMT. POONAM SINGH AND ANOTHER

The High Court heard a civil revision filed under Section 115 CPC challenging the trial court’s dismissal of an impleadment application against the plaintiff, Smt Poonam Singh, in an original suit concerning a disputed plot of land. The revisionist, M/s Super Cloud Pvt Ltd, argued that it was a …

DEVENDRA KUMAR MAURYAversusTANVEZ ALVI AND 3 OTHERS

Devendra Kumar Maurya appealed the trial court's rejection of his application for a temporary injunction, seeking to declare a 2013 registered sale deed in favour of Tanvez Alvi void and to assert ownership based on a 1998 agreement and a verbal sale agreement of 2012. The High Court examined …

RAVINDRAversusCHARU APRAIL PRIVATE LIMITED AND ANTOTHER

Ravindra filed suit seeking specific performance of a registered agreement to sell land dated 03.10.2022, having paid Rs 20 lakh and demanding the balance consideration of Rs 64.22 lakh, alternatively a refund with interest and an injunction against further transfer. The defendant, despite the …

VARSHA NARANDAS SEJPALversusM/S. NEW DHOLERA SHIPPING AND TRADING CO. LTD AND ORS

Disposed Off

The High Court examined multiple writ petitions filed by obstructionists (unit owners) and decree‑holders concerning the execution of a 2014 eviction decree in a lease‑dispute. The lease, though intended for 99 years, was treated as a monthly lease under Section 106 of the Transfer of Property Act, …

VISHAL NARANDAS SEJPALversusM/S NEW DHOLERA SHIPPING AND TRADING CO.LTD.

Disposed Off

The High Court examined multiple writ petitions filed by obstructionists (unit owners) and decree‑holders concerning the execution of a 2014 eviction decree in a lease‑dispute. The lease, though intended for 99 years, was treated as a monthly lease under Section 106 of the Transfer of Property Act, …

MAHESH DAMODAR PARIKHversusM/S NEW DHOLERA SHIPPING AND TRADING CO. LTD.

Disposed Off

The High Court examined multiple writ petitions filed by obstructionists (unit owners) and decree‑holders concerning the execution of a 2014 eviction decree in a lease‑dispute. The lease, though intended for 99 years, was treated as a monthly lease under Section 106 of the Transfer of Property Act, …

M/S. SHARAD TRADING COversusM/S. NEW DHOLERA SHIPPING AND TRADING CO LTD AND ORS

Disposed Off

The High Court examined multiple writ petitions filed by obstructionists (unit owners) and decree‑holders concerning the execution of a 2014 eviction decree in a lease‑dispute. The lease, though intended for 99 years, was treated as a monthly lease under Section 106 of the Transfer of Property Act, …

NEW DHOLERA SHIPPING AND TRADING CO LTDversusSHARAD TRADING CO AND ORS

Disposed Off

The Bombay High Court modified orders of the Small Causes Court Appellate Bench concerning interim compensation payable by obstructionists who occupied units in a building constructed on a 99‑year lease that was not registered. The lease was treated as a monthly tenancy under Section 106 of the …

M/S. NEW DHOLERA SHIPPING AND TRADING CO LTDversusVISHAL NARANDAS SEJPAL AND ORS

Disposed Off

The Bombay High Court modified orders of the Small Causes Court Appellate Bench concerning interim compensation payable by obstructionists who occupied units in a building constructed on a 99‑year lease that was not registered. The lease was treated as a monthly tenancy under Section 106 of the …

RUSSI FISHERIES P. LTD. & ANR.versusBHAVNA SETH & ORS.

2026 INSC 339Dismissed

The case concerns a suit for specific performance of an 1988 agreement to sell agricultural land, where the plaintiff paid Rs.7,75,000 and claimed readiness to execute the sale deed, but the defendants alleged non‑payment of cash and lack of willingness. The trial court dismissed the specific …

PATEL HASANBHAI ALIBHAI AADAMBHAIversusPATEL JAYESHKUMAR ISHWARBHAI

39-RULE DISCHARGED/DISMISSED @ FH

The appellant filed a second appeal under Section 100 of the CPC challenging the appellate court’s decree granting specific performance in a suit concerning a shop mortgaged by a conditional sale deed dated 24‑09‑1979. The deed required the plaintiff to repay Rs.13,000 after seven years, upon which …

SANDEEP SAHEBRAO PAWARversusSTATE OF MAHARASHTRA AND ANR

Disposed Off

The Bombay High Court considered a batch of anticipatory bail applications filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, relating to alleged land‑grabbing and organised crime offences under Sections 111, 318(4) and 61(2) of the Bharatiya Nyaya Sanhita, 2023. The First …

JITENDRA SUNDARDAS PANJABI AND ANR.versusSTATE OF MAHARASHTRA

Disposed Off

The High Court considered a batch of anticipatory bail applications filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with FIR No.149 of 2025 alleging land‑grabbing and organised crime under Sections 111, 318(4) and 61(2) of the Bharatiya Nyaya Sanhita, 2023. The …

R. SAVITHRI NAIDUversusM/S THE COTTON CORPORATION OF INDIA LIMITED AND ANOTHER

2026 INSC 150Dismissed

The dispute arose from a sale of cotton bales between CCI and M/s Lakshmi Ganesh Textiles Ltd, which led to an arbitral award for recovery of money in 2001. The award was challenged but the challenge was dismissed in 2013. Subsequently, ICICI Bank, as a secured creditor, attached the debtor's …

MUKESH DALPATBHAI PARMARversusSTATE OF GUJARAT

58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH

Petitioner Mukesh Dalpatbhai Parmar filed a Special Civil Application under Article 226 of the Constitution seeking to compel Respondent No.4, a State authority, to record a lis‑pendens entry (serial no. 12038 of 2024) in the revenue records of Hinglot village, Vadodara. Respondent No.4 refused, …

Pramod Kumar AgrawalversusSanjay Kumar Agrawal

DISMISSED

The petitioner, a tenant of a shop premises, sought dismissal of an eviction suit under Section 151 of the CPC, claiming that a subsequent sale of a 50% undivided share in the premises to him rendered the suit infructuous. The trial court rejected this application, and the petitioner appealed by …

BHARAT PETROLEUM CORPORATION LTD.versusNIRMA LTD.

39-RULE DISCHARGED/DISMISSED @ FH

The landlord (original HUF) sued Bharat Petroleum Corporation Ltd (BPCL) and its sub‑lessee Mahendra Motors for unlawful occupation of a 1,000‑sq‑yard plot leased in 1970. The lease expired on 29 September 1984 and the landlord refused renewal, seeking eviction under the Bombay Rent Act. The trial …

NAUTAM DAMJI SHAHversusARVIND ENGINEERING COMPANY AND ORS.

Allowed

The High Court examined a dispute arising under the Maharashtra Rent Control Act, 1999 concerning Godown No. 16 and the land beneath it. The plaintiffs, heirs of the deceased Damji Gelabhai Shah, claimed ownership of both the land and the godown based on a conveyance deed dated 12‑December‑2002, …

VISHWANATH SAKHARAM CHURIversusARVIND ENGINEERING COMPANY AND ORS.

Allowed

The dispute concerned Godown No. 16 and the land beneath it in Lower Parel, Mumbai, governed by the Maharashtra Rent Control Act, 1999. The original owners, New Sun Mills Co., had let the premises to Arvind Engineering Company in 1956 and later agreed to sell the godown for Rs 20,000 in 1981, while …

Aruna DeviversusThe State of Bihar, through Director General of Police, Bihar

DISMISSED

Aruna Devi filed a writ petition seeking police protection for her life and possession of a house in Patna that she claims was illegally sold by her brothers-in-law to a stranger. The brothers-in-law contend that the house is a joint family property and that a partition had taken place, and the …

VARIA PARAMBIL KUTTANversusENGINEER COMPONENTS AND EQUIPMENT

Disposed Off

The petitioner, a former foreman of the respondent partnership firm, occupied a flat provided as a service tenant and refused to vacate after his employment ended in 2007. The respondent filed an eviction suit under Section 16(1)(f) of the Maharashtra Rent Control Act, 1999, and the petitioner …

KISHORILAL (D) THR. LRS & ORS.versusGOPAL & ORS.

2026 INSC 48Appeal(s) allowed

The plaintiff Gopal sued the deceased vendor Kishorilal for specific performance of a sale agreement; the vendor's heirs and the purchasers (appellants 2 and 3) were joined in the suit which was decreed in Kishorilal's favour. An appeal (F.A. No.213 of 2000) was filed, but Kishorilal died and his …

Ram Ekbal SinghversusSmt. Deopari Devi

DISMISSED

The widowed plaintiff and her daughters alleged that a deed of gift dated 21‑09‑1972 in favour of their neighbour, Ram Ekbal Singh, was obtained through fraud, with their thumb impressions and signatures taken on blank stamp papers under false pretences. The defendant contended that the deed was …

Birendra KumarversusThe State of Bihar

DISPOSED

The petitioners, a group of landholders from Dighaun village in Khagaria district, claimed that their lands, originally declared raiyati through Sarvasta settlements and recorded in Register‑II, were being jeopardized by a state‑wide land survey. They alleged that the survey officials were demanding …

MOTILAL OSWAL FINANCIAL SERVICES LIMITEDversusSANTOSH CORDEIRO AND ANOTHER

2026 INSC 5Dismissed

The dispute arose from a Leave and License Agreement between Motilal Oswal Financial Services Ltd. and Santosh Cordeiro, which contained an arbitration clause in Clause 33. The respondent filed a Section 11 application under the Arbitration & Conciliation Act, 1996 seeking appointment of a sole …

SAMIULLAHversusTHE STATE OF BIHAR & ORS.

2025 INSC 1292Appeal(s) allowed

The appellants challenged the Bihar Registration Rules, 2008 amendments that introduced sub‑rules (xvii) and (xviii) to Rule 19, which made the production of jamabandi or holding‑allotment proof a condition precedent for registering sale or gift documents. The High Court of Patna dismissed the writ …

PREM AGGARWALversusMOHAN SINGH & ORS.

2025 INSC 1214Dismissed

The appellant, Prem Aggarwal, entered into an agreement to purchase a property in 1989, paid Rs.25,000 as earnest money and later sued for specific performance, which the Supreme Court dismissed on the ground of bar under Order II Rule 2 of the CPC, but awarded her Rs.2 crore as compensation. The …

DHARMRAO SHARANAPPA SHABADI AND OTHERSversusSYEDA ARIFA PARVEEN

2025 INSC 1187Appeal(s) allowed

The plaintiff, Syeda Arifa Parveen, claimed ownership of 24 acres of agricultural land on the basis of being the sole daughter of Khadijabee and of an oral gift (hiba) of 10 acres made by her mother. The trial court rejected the oral gift but granted her a 3/4 share of the remaining land, while the …

SHANTI DEVI (SINCE DECEASED) THROUGH LRS. GORANversusJAGAN DEVI & ORS.

2025 INSC 1105Dismissed

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; …

RAMESH CHAND (D) THR. LRS.versusSURESH CHAND AND ANR.

2025 INSC 1059Appeal(s) allowed

The plaintiff claimed title to a Delhi property on the basis of an agreement to sell, a general power of attorney, a receipt of consideration, an affidavit and a registered will executed by his father, Kundan Lal. The trial court and High Court had upheld his claim, but the Supreme Court examined …

DOGIPARTHI VENKATA SATISH AND ANR.versusPILLA DURGA PRASAD & ORS.

2025 INSC 1046Appeal(s) allowed

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 …

PNB HOUSING FINANCE LIMITEDversusSH. MANOJ SAHA & ANR

2025 INSC 847Appeal(s) allowed

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 …

VINOD INFRA DEVELOPERS LTD.versusMAHAVEER LUNIA & ORS.

2025 INSC 772

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 …

SIVAKUMARversusTHE INSPECTOR OF POLICE & ANR.

2025 INSC 558Appeal(s) allowed

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 …

HUSSAIN AHMED CHOUDHURY & ORS.versusHABIBUR RAHMAN (DEAD) THROUGH LRS & ORS.

2025 INSC 553Appeal(s) allowed

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 …

RAJEEV GUPTA & ORS.versusPRASHANT GARG & ORS.

2025 INSC 552Appeal(s) allowed

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 …

THE CORRESPONDENCE, RBANMS EDUCATIONAL INSTITUTIONversusB. GUNASHEKAR & ANOTHER

2025 INSC 490Appeal(s) allowed

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 …

SMT. UMA DEVI AND ORS.versusSRI. ANAND KUMAR AND ORS.

2025 INSC 434Appeal(s) allowed

The plaintiffs, grandchildren of Shivanna, filed a suit for partition of ancestral immovable property in 2023, alleging denial of their share. The defendants moved an application under Order 7 Rule 11 of the CPC, contending that the property had been orally partitioned in 1968 and that registered …

N.P. SASEENDRANversusN.P. PONNAMMA & ORS.

2025 INSC 388Dismissed

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 …

GANGUBAI RAGHUNATH AYAREversusGANGARAM SAKHARAM DHURI (D) THR. LRS AND ORS.

2025 INSC 355Disposed off

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 …

M.S. ANANTHAMURTHY & ANR.versusJ. MANJULA

2025 INSC 273Dismissed

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 …

RAMESH MISHRIMAL JAINversusAVINASH VISHWANATH PATNE & ANR.

2025 INSC 213Dismissed

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 …

RUPA AND CO. LIMITED AND ANOTHERversusFIRHAD HAKIM AND OTHERS

2025 INSC 245Directions issued

The appellants Rupa & Co. Ltd paid Rs.4,00,92,000 for a plot of land in New Town, Kolkata, based on HIDCO's promise to convey it on a free‑hold basis. HIDCO later altered the terms to a 99‑year lease and subsequently demanded additional payment at market rates, prompting the appellants to file a …

THE COSMOS CO. OPERATIVE BANK LTD.versusCENTRAL BANK OF INDIA & ORS.

2025 INSC 243Appeal(s) allowed

The Cosmos Co. Operative Bank Ltd. (appellant) challenged a High Court order that held Central Bank of India (respondent No.1) had the first charge over a flat mortgaged by the original borrowers. Both banks had received security documents: the appellant bank held the share certificate of ownership, …

H. ANJANAPPA & ORS.versusA. PRABHAKAR & ORS.

2025 INSC 121Appeal(s) allowed

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 …

SRI MAHESHversusSANGRAM & ORS

2025 INSC 14Case Partly allowed

The appellant, an adopted son, claimed entitlement to half of his adoptive mother's joint family property and challenged two alienations— a sale deed (2007) and a gift deed (2008) executed by the adoptive mother after his adoption. The dispute hinged on whether the adoption of a widow’s son relates …

GIRIYAPPA & ANR.versusKAMALAMMA & ORS.

2024 INSC 1043

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 …

MANSOOR SAHEB (DEAD) & ORS.versusSALIMA (D) BY LRS. & ORS.

[2024] 12 S.C.R. 923Dismissed

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 …

RAJENDRA KUMAR BARJATYA AND ANOTHERversusU.P. AVAS EVAM VIKAS PARISHAD & ORS.

2024 INSC 990Dismissed

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, …

CELIR LLPversusMR. SUMATI PRASAD BAFNA & ORS.

2024 INSC 978Directions issued

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 …

MUNICIPAL CORPORATION OF GREATER MUMBAI AND OTHERSversusVIVEK V. GAWDE ETC. ETC.

[2024] 12 S.C.R. 843Appeal(s) allowed

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 …

DALIBEN VALJIBHAI & ORS.versusPRAJAPATI KODARBHAI KACHRABHAI & ANR.

2024 INSC 1049Appeal(s) allowed

The appellants filed a suit in 2017 seeking cancellation of a sale deed dated 04‑12‑2004, alleging fraud and claiming they only became aware of the deed on 31‑03‑2017 when a revenue notice was issued. The defendants moved to dismiss the suit under Order 7 Rule 11 of the CPC, arguing that the suit …

SMT. NARESH KUMARI & ORS.versusSMT. CHAMELI & ORS.

[2024] 12 S.C.R. 693Dismissed

The appellants, heirs of Rai Bahadur Randhir Singh, claimed that a 1953 oral gift of 38 Bighas of land to the respondents was conditional on the donees rendering lifelong services to the donor and his heirs, and that the cessation of such services entitled the donors to resume possession. The trial …

BIRMA DEVI & ORS.versusSUBHASH & ANR.

2024 INSC 949Dismissed

The petitioners, who claim to be subsequent purchasers of a suit property, challenged a High Court order directing the execution court to grant possession to the decree‑holders (plaintiffs) in a suit for specific performance of a sale agreement. The trial court had decreed specific performance but …

ROHIT KOCHHARversusVIPUL INFRASTRUCTURE DEVELOPERS LTD. & ORS.

2024 INSC 920Dismissed

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 …

RAMAKANT AMBALAL CHOKSIversusHARISH AMBALAL CHOKSI & OTHERS

2024 INSC 913Appeal(s) allowed

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 …

NAEEM BANO ALIAS GAINDOversusMOHAMMAD RAHEES & ANR.

2024 INSC 1000Disposed off

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 …

M/S BHARTI AIRTEL LTD.versusTHE COMMISSIONER OF CENTRAL EXCISE, PUNE

2024 INSC 880Disposed off

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 …

LEELA AGRAWALversusSARKAR & ANR.

2024 INSC 946Appeal(s) allowed

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 …

RAMACHANDRA REDDY (DEAD) THR. LRS. & ORS.versusRAMULU AMMAL (DEAD) THR. LRS.

2024 INSC 868Appeal(s) allowed

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 …

SHYAM KUMAR INANIversusVINOD AGRAWAL & ORS.

2024 INSC 865Appeal(s) allowed

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 …

M/S SIDDAMSETTY INFRA PROJECTS PVT. LTD.versusKATTA SUJATHA REDDY & ORS.

2024 INSC 861

The petitioner, Siddamsetty Infra Projects Pvt. Ltd., entered into two agreements to sell agricultural land with the respondents in 1997, paid a substantial portion of the consideration, and sought specific performance after the respondents refused to execute the sale deed. The trial court dismissed …

N. THAJUDEENversusTAMIL NADU KHADI AND VILLAGE INDUSTRIES BOARD

2024 INSC 817Dismissed

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 …

NEELAM GUPTA & ORS.versusRAJENDRA KUMAR GUPTA & ANR.

2024 INSC 769

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 …

SHINGARA SINGHversusDALJIT SINGH & ANR

2024 INSC 770Dismissed

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 …

SHYAMSUNDAR RADHESHYAM AGRAWAL & ANR.versusPUSHPABAI NILKANTH PATIL & ORS.

2024 INSC 730Dismissed

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 …

MEERA DEVI (D) THR. LR.versusDINESH CHANDRA JOSHI (D) THR. LRS.

2024 INSC 725Appeal(s) allowed

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 …

A.B. GOVARDHANversusP. RAGOTHAMAN

2024 INSC 640Appeal(s) allowed

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 …

PREM PRAKASHversusUNION OF INDIA THROUGH THE DIRECTORATE OF ENFORCEMENT

2024 INSC 637Appeal(s) allowed

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 …

CITY MONTESSORI SCHOOLversusSTATE OF U.P. & ORS.

2024 INSC 570Dismissed

The dispute concerned a garden lease of a Nazul plot in Lucknow that vested in the State of Uttar Pradesh. City Montessori School (CMS) had the highest bid in a 1995 auction, but the State cancelled its bid and later converted the leasehold to freehold in favour of the alleged lessee for a nominal …

M/S REWA TOLLWAY P. LTD.versusTHE STATE OF MADHYA PRADESH & ORS.

2024 INSC 539Case Partly allowed

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 …

KAUSHIK PREMKUMAR MISHRA & ANR.versusKANJI RAVARIA @ KANJI & ANR.

2024 INSC 540Appeal(s) allowed

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 …

P. RAVINDRANATH & ANR.versusSASIKALA & ORS.

2024 INSC 533Case Allowed

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 …

AMRO DEVI & ORS.versusJULFI RAM (DECEASED) THR. LRS. & ORS.

2024 INSC 527Appeal(s) allowed

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 …

DUNI CHANDversusVIKRAM SINGH AND OTHERS

2024 INSC 516Case Allowed

The plaintiff, Tota Ram, claimed ownership of a land based on a registered Will dated 12‑12‑1988 executed by the deceased Beli Ram, while the defendants relied on a later Will dated 16‑05‑1994 to transfer the land to themselves and subsequent purchasers. The trial court dismissed the suit, but the …

YOGESH GOYANKAversusGOVIND & ORS.

2024 INSC 510Appeal(s) allowed

The appellant purchased farming land from a seller during the pendency of a suit challenging earlier release deeds, and obtained a registered sale deed while fully aware of the litigation. He applied to be impleaded as a defendant under Order 1 Rule 10 of the CPC, but the Additional District Judge …

MAHARAJ SINGH & ORS.versusKARAN SINGH (DEAD) THR. LRS. & ORS.

2024 INSC 491Case Partly allowed

The case concerned a registered agreement for sale of 2.90 acres of land executed in 1981, which the plaintiffs sought to enforce by specific performance. The defendants argued that the agreement was a sham, forged, and that they were bona‑fide purchasers without notice of the agreement. The Supreme …

CHANDER BHAN (D) THROUGH LR SHER SINGHversusMUKHTIAR SINGH & ORS.

2024 INSC 377Appeal(s) allowed

The appellant entered into an agreement to sell 16 kanals of land with respondent No.3, paid earnest money and later obtained a temporary injunction against alienation of the property on 28 July 2003. On the same day respondent No.3 executed a release deed in favour of his son (respondent No.4), who …

VASANTHA (DEAD) THR. LR.versusRAJALAKSHMI @ RAJAM (DEAD) THR.LRS.

2024 INSC 109Appeal(s) allowed

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 …

BAITULLA ISMAIL SHAIKH AND ANR.versusKHATIJA ISMAIL PANHALKAR AND ORS.

2024 INSC 71Dismissed

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 …

ASMA LATEEF & ANRversusSHABBIR AHMAD & ORS

2024 INSC 36Dismissed

The appellants filed a suit for permanent injunction over a property, alleging an oral gift, while the defendants contested the suit's maintainability under the Uttar Pradesh Zamindari Abolition and Land Reforms Act. The trial court, ignoring the written statement of one defendant and the pending …

ALAGAMMAL AND ORS.versusGANESAN AND ANR.

2024 INSC 28Appeal(s) allowed

The sellers (Alagammal and others) entered into a registered agreement of sale on 22‑Nov‑1990 with the buyers (Ganesan and others) for Rs.21,000, stipulating that the balance be paid within six months. The buyers paid only a fraction of the amount and failed to complete the purchase before the …

SHAKEEL AHMEDversusSYED AKHLAQ HUSSAIN

2023 INSC 1016Appeal(s) allowed

The respondent filed a suit for possession and mesne profits of a property relying on an unregistered power of attorney, agreement to sell, affidavit and will, while the appellant, who was in possession, claimed title through an oral gift (Hiba) from his brother. The trial court decreed possession …

INFRASTRUCTURE LEASING AND FINANCIAL SERVICES LTDversusHDFC BANK LTD. & ANR.

2023 INSC 929Dismissed

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 …

M/S PAUL RUBBER INDUSTRIES PRIVATE LIMITEDversusAMIT CHAND MITRA & ANR.

2023 INSC 854Dismissed

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 …

CELIR LLPversusBAFNA MOTORS (MUMBAI) PVT. LTD. & ORS.

2023 INSC 838Appeal(s) allowed

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 …

PRAKASH (DEAD) BY LR.versusG. ARADHYA AND ORS.

2023 INSC 743Dismissed

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 …

YADAIAH AND ANR.versusSTATE OF TELANGANA AND OTHERS

2023 INSC 664Dismissed

The case concerned land allotted in the 1960s to landless Scheduled Caste/Tribe persons in Manchirevula village, which the assignees later transferred through a General Power of Attorney to a third party who sold the land. The State of Telangana issued a second show‑cause notice (SCN) alleging …

K. C. NINANversusKERALA STATE ELECTRICITY BOARD & ORS.

2023 INSC 560Disposed off

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 …

JINI DHANRAJGIR & ANRversusSHIBU MATHEW & ANR. ETC.

2023 INSC 544Dismissed

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 …

DAMODHAR NARAYAN SAWALE (D) THROUGH LRSversusSHRI TEJRAO BAJIRAO MHASKE & ORS

2023 INSC 491Appeal(s) allowed

The appellant sought possession of a 3‑acre agricultural field based on a registered sale deed dated 21‑04‑1979. The defendants argued that the deed was a sham, executed as collateral for a money‑lending transaction, and that the sale violated the Maharashtra Prevention of Fragmentation and …

OFFICIAL LIQUIDATORversusUJJAIN NAGAR PALIKA NIGAM & ORS

2023 INSC 489Dismissed

The Official Liquidator (OL) of IISCO Ujjain Pipe and Foundry Co. Ltd., wound up under the Companies Act, sold the company's assets on an "as is where is whatever there is" basis. Ujjain Nagar Palika Nigam (respondent No.1) claimed arrears of property tax and water tax for the period from the …

G. VIKRAM KUMARversusSTATE BANK OF HYDERABAD & ORS.

2023 INSC 475Appeal(s) allowed

The borrower (G. Vikram Kumar) failed to repay a loan to State Bank of Hyderabad, which invoked Section 13(4) of the SARFAESI Act and attached the borrower's properties. The Debt Recovery Tribunal (DRT) allowed the bank to sell the properties but excluded seven flats; Flat No.6401 was not among …

GUJARAT COMPOSITE LIMITEDversusA INFRASTRUCTURE LIMITED & ORS.

2023 INSC 470Dismissed

Gujarat Composite Ltd. entered into a licence agreement with A Infrastructure Ltd. in 2005 that contained an arbitration clause, and later entered into a tripartite loan agreement with the same party and Bank of Baroda that lacked any arbitration provision. Disputes arose over possession, loan …

THE SUB REGISTRAR, AMUDALAVALASA & ANR.versusM/S DANKUNI STEELS LTD. & ORS.

2023 INSC 431Disposed off

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 …

R. HEMALATHAversusKASHTHURI

2023 INSC 336Dismissed

The appellant (original defendant) challenged the High Court's order that an unregistered Agreement to Sell, executed on 10‑09‑2013, could be admitted as evidence in a suit for specific performance. The dispute centered on whether the Tamil Nadu Amendment Act, 2012, which made agreements to sell …

SHIVSHANKARA & ANRversusH.P. VEDAVYASA CHAR

2023 INSC 318Dismissed

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 …

YUVRAJ @ MUNNA PRALHAD JAGDALE & ORS.versusJANARDAN SUBAJIRAO WIDE

2023 INSC 266Appeal(s) allowed

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 …

GANESH PRASADversusRAJESHWAR PRASAD AND ORS.

2023 INSC 228Dismissed

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 …

BAINI PRASAD (D) THR. LRS.versusDURGA DEVI

2023 INSC 95Dismissed

The respondent, Durga Devi, owned an 11‑biswas land parcel in Kullu and sued the appellant, Baini Prasad, for possession and demolition of a verandah he had constructed on that land in 1986, claiming he believed it to be his own. The trial court ordered demolition and restoration of possession to …

ELUMALAI @ VENKATESAN & ANRversusM. KAMALA AND ORS. & ETC.

2023 INSC 83Dismissed

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 …

MRS. LEELAMMA MATHEWversusM/S INDIAN OVERSEAS BANK & ORS.

2022 INSC 1214Appeal(s) allowed

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 …

GOPI @ GOVERDHANNATH (D) BY LRS. & ORS.versusSRI BALLABH VYAS

2022 INSC 1000Dismissed

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 …

INDIAN OIL CORPORATION LTD.versusSUDERA REALTY PRIVATE LIMITED

2022 INSC 928Dismissed

The Supreme Court examined a dispute between Indian Oil Corporation Ltd. (appellant) and Sudera Realty Private Ltd. (respondent) over a lease of three floors in a Kolkata building. It held that the 1968 agreement and the 1969 supplementary deed constituted a valid 21‑year lease, with possession of …

UNION OF INDIA & ANR.versusM/S. GANPATI DEALCOM PVT. LTD.

2022 INSC 853Disposed off

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 …

SHABBIR MOHAMMAD SAYEDversusMRS. NOOR JEHAN MUSHTER SHAIKH & ORS.

2022 INSC 784Dismissed

The plaintiff obtained a decree declaring her as tenant of a premises in Mumbai and ordered the landlord to hand over possession. The appellant, Shabbir Mohammad Sayed, claimed he had acquired leasehold rights from the alleged lawful tenant and also from the landlord on 24 January 2014, and sought …

EIH LIMITEDversusNADIAVIRJI

2022 INSC 774Dismissed

The landlord (EIH Ltd.) and tenant (Nadia A. Virji) entered into a tenancy agreement for a commercial showroom with a fixed rent of Rs 10,000 per month, while the tenant also agreed to pay municipal taxes separately. The landlord terminated the tenancy under Section 106 of the Transfer of Property …

ASHA RANI GUPTAversusSRI VINEET KUMAR

2022 INSC 684Appeal(s) allowed

Asha Rani Gupta, the plaintiff‑lessor, filed an eviction suit against Sri Vineet Kumar, the defendant‑lessee, for non‑payment of rent and damages. The trial court struck off the defendant’s defence under Order XV Rule 5 of the CPC for failing to deposit the admitted rent, a decision affirmed by the …

KARAN KAPOORversusMADHURI KUMAR

2022 INSC 661Appeal(s) allowed

The appellant, Karan Kapoor, was a tenant of a residential property owned by the respondent, Madhuri Kumar, under lease agreements from 2011 to 2014. After the lease expired, the appellant stopped paying rent and the respondent filed a suit for possession, rent, and mesne profits. The appellant …

INDIAN OVERSEAS BANKversusM/S RCM INFRASTRUCTURE LTD. AND ANOTHER

2022 INSC 584Dismissed

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 …

SHANKARLAL NADANIversusSOHANLAL JAIN

2022 INSC 420Dismissed

The appellant, a tenant, sought possession of a shop owned by the respondent. A civil suit for possession was filed in 2013, before the Rajasthan Rent Control Act, 2001 (the Act) applied to the area. During the suit, the State Government notified that the Act would become effective on 11 May 2015, …

SRI BISWANATH BANIK & ANR.versusSMT. SULANGA BOSE & ORS.

2022 INSC 300Appeal(s) allowed

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 …

JOGI RAMversusSURESH KUMAR & ORS

2022 INSC 131Appeal(s) allowed

The case concerned a Will dated 15 April 1968 in which Tulsi Ram bequeathed half of his self‑acquired property to his second wife, Ram Devi, as a limited life interest, with the remainder to pass to his son, Jogi Ram, after her death. The question was whether Ram Devi’s interest became an absolute …

SUBHASH CHANDER & ORS.versusM/S BHARAT PETROLEUM CORPORATION LTD.(BPCL) & ANR.

2022 INSC 107Dismissed

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 …

G.T. GIRISHversusY. SUBBA RAJU (D) BY LRS AND ANOTHER

2022 INSC 51Appeal(s) allowed

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 …

SEETHAKATHI TRUST MADRASversusKRISHNAVENI

2022 INSC 48Appeal(s) allowed

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 …

KEWAL KRISHANversusRAJESH KUMAR & ORS. ETC

2021 INSC 765Appeal(s) allowed

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 …

PADAM NABH & SONSversusYASH PAL

2021 INSC 741Dismissed

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. …

KORUKONDA CHALAPATHI RAO & ANR.versusKORUKONDA ANNAPURNA SAMPATH KUMAR

2021 INSC 586Appeal(s) allowed

The dispute arose from a partition of family property where the respondent sought a declaration of title and eviction of the appellants. The appellants relied on a family settlement document (Khararunama) dated 15‑04‑1986 and a receipt of Rs.2,00,000 as evidence of the parties' past arrangements. …

ANAPURNA JAISWALversusINDIAN OIL CORPORATION LTD. AND ORS.

2021 INSC 583Dismissed

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, …

S. KARTHIK & ORS.versusN. SUBHASH CHAND JAIN & ORS.

2021 INSC 534Dismissed

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 …

SALIM D. AGBOATWALA AND ORS.versusSHAMALJI ODDHAVJI THAKKAR AND ORS.

2021 INSC 486Appeal(s) allowed

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 …

ABDUL KHUDDUSversusH.M. CHANDIRAMANI (DEAD) THR LRS. & ORS.

2021 INSC 474Appeal(s) allowed

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 …

THE STATE OF KERALA & ORSversusM/S JOSEPH & COMPANY

2021 INSC 442Disposed off

The Kerala government auctioned 246.26 acres of forest land in 1953 and later executed a lease deed in 1979 in favour of K.K. Joseph, who represented the partnership firm M/s Joseph & Company. The lease prohibited sub‑letting or assignment without the lessor’s written consent (clause 14). In 1983 …

NARAYAN DEORAO JAVLE (DECEASED) THROUGH LRS.versusKRISHNA & ORS.

2021 INSC 407Appeal(s) allowed

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 …

HEMRAJ RATNAKAR SALIANversusHDFC BANK LTD. & ORS.

2021 INSC 408Leave Granted & Dismissed

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 …

KHUSHI RAM & ORS.versusNAWAL SINGH & ORS.

2021 INSC 106Dismissed

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 …

VENIGALLA KOTESWARAMMAversusMALEMPATI SURYAMBA & ORS.

2021 INSC 27Appeal(s) allowed

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 …

SURESH SHAHversusHIPAD TECHNOLOGY INDIA PRIVATE LIMITED

2020 INSC 711Appeal(s) allowed

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 …