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825 judgments · newest first · showing 201–400
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, …
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, …
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 …
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 …
The plaintiffs sold agricultural land to respondent No.1 in 2009 and alleged that only a small part of the sale consideration was paid, seeking cancellation of the sale deed. They filed the suit in December 2014, more than five years after the deed, claiming the cause of action arose only when they …
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 …
The appellant, who purchased land by a sale deed in 1984, filed a suit seeking a declaration that a compromise decree passed by the High Court in 1994 in a partition suit was illegal, fraudulent and void. The decree was passed in a second appeal concerning parties other than the appellant, who was a …
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 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 …
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 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 …
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 …
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 …
The grandfather of the parties gifted a property to his grandson, N. Revanna, on 5 June 1957, inserting a condition that the donee and any younger brothers born thereafter could not alienate the property. Revanna later sold the property to four other persons in 1985. The plaintiffs, minor sons of …
The appellant, C.S. Venkatesh, appealed a High Court order that had declared a 1975 sale deed executed by the deceased plaintiff, A.S.C. Murthy, as a nominal security transaction and directed specific performance of a reconveyance agreement. The Supreme Court examined whether the sale deed was an …
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 …
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 …
M/s Seshasayee Steels Ltd entered into an agreement to sell land to Vijay Santhi Builders Ltd and granted a licence to commence construction, later executing a Power of Attorney and a compromise deed that reduced the consideration and stipulated payment by post‑dated cheques, all of which were …
The appellants, tenants of shops in a Gurudwara, challenged the Punjab Religious Premises and Land (Eviction and Rent Recovery) Act, 1997 on the ground that it withdrew the protection afforded to them under the East Punjab Urban Rent Restrictions Act, 1949 and violated Article 14. The Supreme Court …
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 …
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 …
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 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 …
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 …
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, …
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 …
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 …
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 …
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 appeal arose from tenants of a non‑residential shop challenging an eviction order under Section 14(1)(e) of the Delhi Rent Control Act, 1958, and seeking to have the Supreme Court’s decision in Satyawati Sharma case referred to a larger bench. The petitioners contended that the Satyawati Sharma …
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 …
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 …
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 …
The original plaintiff filed a suit for declaration of title and permanent injunction, claiming ownership of a property based on a registered sale deed. The defendants contended that the property had become part of a joint family and that the sale deed was merely a security instrument, not an …
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 …
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 …
The appellants, Atul Chandra Das, sought ejectment of the respondents, the Bhattacharyyas, from a property alleging a valid sale, while the respondents contended that the original sale to Bholanath was a mortgage by conditional sale and that the appellants colluded to defeat the redemption period. …
The case concerned the ownership of property originally belonging to Ramanna, who died in 1907 leaving a widow Seethamma and a daughter Venkamma. The appellants claimed title based on a 1955 sale deed executed by Jankamma, the granddaughter of Ramanna, while the respondents asserted possession …
Pursottam, a Sirdar, deposited twenty times the land revenue and applied for Bhumidhari rights for three plots, subsequently executing a sale deed. His applications for two plots were rejected and a revision petition was pending when the Uttar Pradesh Zamindari Abolition and Land Reforms (Amendment) …
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 …
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 …
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 …
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 …
The Delhi Development Authority (DDA) auctioned a lease‑hold residential plot that had been acquired by the Income Tax Department under Section 269UD of the Income Tax Act, which had already paid the unearned increase to DDA. M/s. Karamdeep Finance & Investment (I) Pvt. Ltd. purchased the plot at …
The appellants, Asgar and others, were lessees occupying a large tract of land in Kerala and sought a declaration that they could remain in possession and claim compensation for improvements under the Kerala Compensation for Tenants Improvements Act, 1958. They first raised this claim in an …
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 …
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 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, …
The land in question was sold under a restricted auction pursuant to the Punjab Package Deal Properties (Disposal) Act, 1976 and later the sale was cancelled by an order of the Deputy Commissioner dated 28 March 1985, which became final. The plaintiffs filed a suit claiming they were bonafide …
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 …
The Supreme Court examined whether a borrower can invoke Section 17(1) of the SARFAESI Act before the bank or financial institution takes actual physical possession of the secured asset. The dispute arose from Hindon Forge Pvt. Ltd. and others challenging a Full Bench of the Allahabad High Court …
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 …
Suzuki Parasrampuria Suitings Pvt. Ltd. (the appellant) was assigned the debt of Mahendra Petrochemicals Ltd. (MPL) by IFCI for a nominal sum and sought substitution as a secured creditor under the SARFAESI Act. The Company Judge rejected the application, holding that the appellant was not a bank, …
The appellant filed a suit for specific performance of a 2003 agreement to sell land, relying on an unregistered sale deed, a registered power of attorney, and an earlier unregistered 1995 agreement. The respondents challenged the admissibility of these documents, arguing that the 2003 deed required …
The case concerned a partition of ancestral Hindu Mitakshara property of Gopalji Prasad among his sons, after which the share allotted to defendant No.2 was claimed to be ancestral for his sons and grandson. The plaintiffs sought to set aside an exchange deed executed between defendant No.1 and …
The appellant (defendant) sought to enforce a maintenance decree against her husband, during which the husband executed a sale deed of the disputed property to the plaintiff. The decree was later executed by a court auction, where the decree‑holder purchased the property, and the sale was confirmed …
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 …
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 Andhra Pradesh Industrial Infrastructure Corporation (APIC) allotted industrial plots to transport entrepreneurs with a condition that units be established within two years, failure of which would lead to cancellation. The parties later executed sale deeds transferring absolute marketable title …
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 appellant, a guarantor, created an equitable mortgage over his property to secure a loan that later defaulted. The bank invoked the SARFAESI Act and initiated auction proceedings, which the appellant attempted to halt by offering partial payment and filing writ petitions. The High Court stayed …
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 …
The respondent sued the appellants for specific performance of two agreements to sell a share of land, having paid earnest money but no deed was executed. The trial court dismissed the suit, but the first appellate court set aside that decree and ordered specific performance. The appellants …
The appellant purchased land from the original owner, Veerabasayya, and was given possession after paying earnest money, but the owner died before the sale deed was executed. The respondents, as legal heirs, sued for a declaration of ownership and possession, and the trial court declared them owners …
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 …
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 …
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 …
The plaintiff (respondent No. I) entered into a genuine sale agreement on 18‑01‑1983 with defendants Nos.1‑5 for a house, paying Rs.1,000 as advance. Instead of executing the sale deed, the defendants sold the same house to defendant No.6 on 09‑02‑1983, relying on a purported earlier agreement dated …
The respondents, members of a cooperative housing society, entered into a Joint Development Agreement (JDA) with developers to develop 21.2 acres of land. Only two instalments were paid and 7.7 acres were conveyed, for which capital gains tax was paid. The Assessing Officer and the ITAT treated the …
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 …
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 …
The plaintiff executed a deed in 1953 that was styled as a sale of land for a nominal sum of Rs.700, but included a clause that the land would be returned if the amount was repaid within ten years. The parties were long‑time acquaintances, with the plaintiff having repeatedly borrowed money from the …
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 …
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, …
The landlord let a ground‑floor shop to the tenant and later terminated the tenancy, suing for eviction on the grounds of rent arrears and alleged sub‑letting. The landlord claimed the tenant had allowed Mohd. Ezaj Khan to occupy part of the shop and charge Rs.50 per day for watch‑repair work, while …
The appeal concerned a suit for eviction filed by D.C. Harris (respondent) against tenants D.N. Joshi and others (appellants) who challenged the respondents' title to the premises. The title derived from a 1949 gift deed by Akhtari Begum to her brother Zamir Ahmad, followed by a 1965 sale deed to …
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 …
The appellant, a partnership firm, obtained lease‑hold rights to a stilt portion of a municipal market through auction and constructed a shopping centre, sub‑licensing shops to traders. The Assessing Officer re‑assessed the income from these sub‑licences under the head "Income from House Property" …
Maharaji Educational Trust borrowed Rs.75 crore from HUDCO and mortgaged six properties. It later exchanged 21 acres of one mortgaged property with Avas Parishad and entered into a sale agreement for the entire 63.45 acres (including the exchanged land) with SGS Constructions, which was subject to …
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 …
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 …
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 …
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 …
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 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 …
The landlord, Munshi Lal, sought eviction of his tenant, Hakim Rai (deceased) and his successors, alleging that the tenant had sub-let a Kiraria shop to his son‑in‑law Raj Kumar under a partnership deed without the landlord's written consent. The Rent Controller held the partnership to be a ruse and …
The respondent-plaintiff obtained a loan from the appellants and executed a deed titled a Sale Deed on 14‑06‑1972, which was later alleged to be a mortgage by conditional sale. The parties also signed an agreement that the sale would be cancelled and the land returned if the loan (Rs.5,000) was …
The landlords leased a house to a partnership firm, Mis Biyani Textile, and later served a quit notice for arrears of rent. The suit for eviction and arrears was filed against the firm’s employee (defendant No.1) and the firm’s partners (defendants Nos.2‑9). The trial court dismissed the employee …
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 …
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 …
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 …
Shyam Lal held an agricultural lease from 29 May 1996 to 28 May 2005, but the lease was not registered. After the lease expired he continued to occupy the land and filed a suit for injunction to restrain the landlord from ousting him. The landlord cross‑claimed a mandatory injunction for vacation, …
The parties executed a deed on 30‑December‑1960 titled a conditional sale for Rs 10,000, containing a clause that if the plaintiffs repaid the amount within five years the defendants would return possession of the land, and after five years the plaintiffs would have no right to claim it back. The …
The Delhi Development Authority (DDA) leased a plot to Balraj Virmani for 20 years with an option to renew for another 20 years. The lessee breached lease conditions, was served notice, and after the lease expired on 10‑08‑1968 the DDA issued a termination notice on 01‑09‑1972. The lessee later sold …
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 …
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 …
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) …
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, …
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 …
Vidarbha Engineering, a lessee of three plots of land, entered into a collaboration agreement with Unitech to develop a commercial complex, whereby Unitech would construct the building, retain 78% of the built‑up area and transfer 22% to Vidarbha. The parties filed a statement under Section 269UC …
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 …
In a partition suit, the defendants sought to introduce two unregistered documents (Exhibit B‑21, a deed of memorandum, and Exhibit B‑22, an agreement) to prove the division of property. The trial court and the Andhra Pradesh High Court held the documents inadmissible, reasoning that they were …
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 …
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 …
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 …
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 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, …
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 …
Coastal Gujarat Power Ltd obtained loans from thirteen financial institutions which formed a consortium and appointed State Bank of India as a security trustee. The borrower executed a single mortgage deed (Indenture of Mortgage) with the trustee, paying Rs 4.21 lakh stamp duty. The Gujarat revenue …
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 …
In 1918 the plaintiffs leased 963.75 acres of land to Mr. Campbell Hunt for 36 years, allowing the lessee to cultivate any crop and clear forests. The lease later passed to Thiruvamadi Rubber Co., which continued possession after the lease expired, paying rent until 1978 and establishing a rubber …
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 Rajasthan Housing Board and the original Khatedars appealed against a Division Bench order that granted the New Pink City Nirman Sahkari Samiti Ltd. (the Society) a right to compensation and 25% of the developed land after the State acquired the land under the Rajasthan Land Acquisition Act, …
Dr. Ambica Prasad filed an eviction suit against Abdul Karim, claiming ownership of the tenanted premises through exchange deeds executed with his brother, the original owner. The trial court held that the appellant was not the landlord, but the appellate court reversed this, finding him to be the …
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 …
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 …
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 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 …
The appellant claimed ownership of a disputed immovable property on the basis of a registered Gift Deed dated 15‑05‑1970, asserting that Section 90 of the Evidence Act, 1872 would give a presumption of proper execution because the deed was over thirty years old. The trial court, and subsequently the …
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 …
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 …
The case concerned an alleged oral gift (hiba) of a house by Abdul Haq, a Muslim, to Rasheeda Khatoon about seven years before his death. After Haq's death, his heirs sought possession, prompting Rasheeda to file a suit for declaration of ownership. The trial court and first appellate court held the …
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 …
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 …
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 …
The appellant, M/s Shaha Ratansi Khimji & Sons, held a lease over a godown on a portion of land. The respondent, Proposed Kumbhar Sons Hotel Ltd., purchased the lessor's interest, demolished the building and dug a trench that threatened the godown, and asked the appellant to vacate. The appellant …
Shree Ram Urban Infrastructure Ltd., a tenant of the immovable property "Dev Ashish" in Bombay, challenged an eviction suit filed by the Court Receiver appointed by the High Court. The appellant argued that the Receiver had no authority to sue without prior leave of the court, that the notice under …
The dispute concerned a 0.90‑acre parcel of land in Pune Cantonment held under an 1827 government grant. The respondents had purchased the lease‑hold rights and the superstructure on the land, while the Union of India (Pune Cantonment Board) issued a resumption notice in 1971 claiming the land …
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 …
The appellants, who were tenants of premises mortgaged to banks, challenged the seizure of those premises by the secured creditors under the SARFAESI Act. The Supreme Court examined whether a lease made by the mortgagor, either before or after the mortgage, remains valid and binding on the secured …
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 …
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 …
Pratima Chowdhury, a member of a West Bengal cooperative housing society, sought to transfer her flat and membership to Kalpana Mukherjee, claiming the transfer was a gift without consideration. The arbitrator found the transfer invalid, noting that the letters effecting the transfer were likely …
The case concerned the sale of a mortgaged property by a bank under the SARFAESI Act. The Supreme Court examined whether the bank, as a secured creditor, had complied with Section 13(8) of the Act and Rules 8 and 9, which require a 30‑day individual notice and a public notice before any sale. It …
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 …
The Supreme Court examined a dispute arising from the public auction of Plot No.722, attached in a debt recovery proceeding against a partnership firm. Sadashiv Prasad Singh, the highest bidder, was confirmed as the purchaser, took possession and obtained mutation of the property. Harendar Singh, …
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 …
The petitioners purchased land that had been subject to a Section 4 notification under the Land Acquisition Act, 1894, while the de‑notification of that acquisition was under appeal before the Supreme Court. The Court held that a purchaser after such a notification cannot challenge the acquisition …
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 …
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 …
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 …
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 …
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 …
A family of five members disputed the ownership of three houses. The mother, two sons and a daughter filed a partition suit against the eldest son, claiming a 4/5 share in the properties. The trial court, relying on the mother’s testimony and a letter (Ex.A‑17) written by the eldest son, held that …
The appellant, Vanchalabai Raghunath Ithape (by legal representatives), executed a deed in 1967 transferring land to Shankarrao Baburao Bhilare for Rs.3,000 with a clause that the land would be returned if the amount was paid within five years. The appellant later claimed the deed was a mortgage by …
The appellant, a religious Mutt, held land that had been mortgaged in 1955 and 1967. After the Karnataka Certain Inams Abolition Act, 1977 abolished the inams, the Mutt was granted occupancy rights over the entire land on 11‑02‑1993. The mortgagees (respondents) claimed occupancy rights based on the …
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 …
Bharat Petroleum Corporation Ltd. (the appellant) occupied land under a 1955 lease that granted a unilateral right to renew for another 25 years. After the Burmah Shell (Acquisition of Undertakings in India) Act, 1976 came into force, the appellant gave notice of renewal in October 1979 but no fresh …
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 …
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 …
The plaintiffs claimed ownership of a property purchased from the defendant, although the sale deed was unregistered, and filed a suit for permanent injunction together with an application under Order 39 Rules 1 and 2 of the CPC for interim relief. The trial court granted an interim injunction …
The Board of Trustees of Kandla Port terminated a lease of a 1891.64‑sq‑m parcel to Smt. Pushpa Shah after she defaulted on rent, issuing a termination order on 8‑Aug‑1977 effective 13‑Dec‑1978 and taking possession via a panchnama on 14‑Dec‑1978. The lessee’s own letter of 22‑Feb‑1979 admitted that …
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, …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
The appellants filed a suit for specific performance but initially paid only a deficient court fee. After multiple representations and condonation of delay, the trial court allowed the deficit fee to be paid well beyond the limitation period. The second defendant, a pendente‑lite purchaser, was …
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, …
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 …
NRC Ltd, a sick industrial company, entered into a memorandum of understanding and subsequent agreements with K. Raheja Universal Ltd for the sale of 344 acres of land to raise funds for restructuring. The sale was only partially paid and the company later sought a corporate debt restructuring (CDR) …
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 …
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 …
The Supreme Court examined the legality of transactions that rely on Sale Agreements, General Power of Attorney or Wills (collectively termed SA/GPA/Will transfers) as a mode of transferring immovable property. It observed that such arrangements are used to evade stamp duty, registration fees and to …
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 …
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 …
The case concerned the intestate estate of Meeralava Rawther, a Muslim who had executed deeds of relinquishment with five of his children (excluding his youngest son, Hassan) in exchange for consideration. After his death, Hassan claimed an oral gift of the entire property, while the other children …
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 …
The Supreme Court examined the cancellation of leases and allotments of commercial plots in Noida granted to hotel developers under the Uttar Pradesh Urban Planning and Development Act, 1973 and the Uttar Pradesh Industrial Area Development Act, 1976. It held that a lease governed by a statute can …
The appellant entered into an agreement of sale for immovable property, paying an advance and agreeing to pay the balance in three instalments, with clause 6 expressly making timely payment the essence of the contract. The respondents cancelled the agreement when the appellant failed to pay the …
The appellant L.K. Trust claimed that a concluded contract existed between it and EDC Ltd. for the sale of a mortgaged hotel property, arguing that the mortgagor (Falcon Retreat Pvt. Ltd., respondent No.3) had lost its statutory right of redemption under Section 60 of the Transfer of Property Act. …
In a partition suit governed by Sunni law, the defendant claimed that his father had gifted him immovable property by a written hiba deed dated 5‑2‑1968 and that the deed, though unregistered, was valid. The trial court held the gift valid, but the High Court set it aside on the ground that an …
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, …
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 …
The Board of Trustees of the Port of Mumbai, as landlord, sued M/s Byramjee Jeejeebhoy Pvt. Ltd. (tenant) and its sub‑tenant Wadi Sunder Cotton Press Co. for eviction on the ground of unlawful sub‑letting under the Bombay Rent Act, 1947. The trial court and the High Court held that the sub‑lease …
Pradeep Oil Corporation was granted land by the Government under the Government Grants Act to erect petroleum storage tanks and related structures. The Municipal Corporation of Delhi assessed property tax on the tanks, treating them as "buildings". The corporation argued the grant was a lease, …
The Industrial Reconstruction Bank of India (IRBI) sanctioned a loan to Jain Cables Ltd., which defaulted. After the Industrial Reconstruction Bank (Transfer of Undertaking and Repeal) Act, 1997 transferred IRBI's undertakings to the Industrial Investment Bank of India Ltd. (IIBL), the latter issued …
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 …
The plaintiff Raj Kishore executed a sale deed in 1974 transferring land to Prem Singh for Rs 6,000, claiming it was a security for a loan and that an agreement for re‑conveyance would revert the land upon repayment by 6 July 1981. He sued for a declaration that the sale deed was void and that he …
The appellant, T.G. Ashok Kumar, purchased a plot from the second respondent in 1990, unaware of a pending partition suit filed by the first respondent. The partition suit, which was not collusive, was decreed in 1994 and finally divided the property such that three‑quarters went to the first …
The appellants leased premises for nine years with a clause allowing the lessee to extend the lease for a further nine years, subject to conditions. The Income Tax Department treated the lease as exceeding twelve years, invoking Chapter XXC of the Income Tax Act and requiring filing of Form 37‑1. …
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 …
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 …
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, …
The vendee, Kammana Sambamurthy, entered into a sale agreement with the vendor, Kalipatnapu Kamaraju, for an entire house, paying an advance of Rs.10,000. The vendor's wife, Kalipatnapu Atchutamma, later claimed a half‑share in the property under Section 14 of the Hindu Succession Act and sought …
The appellant, the legal representatives of the deceased Har Narain, entered into an agreement for sale of eight kanals of land with the owner, Mam Chand, who later executed a sale deed in favour of respondents 2‑6 on 2 August 1971. The deed was registered on 3 September 1971, after the appellant …
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 …
The New Okhla Industrial Development Authority (NOIDA) allotted land to several housing societies, including the Army Welfare Housing Organization (AWHO), under a 99‑year lease deed that required the societies to construct residential buildings. After the societies built the super‑structures, NOIDA …
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 …
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 …
The testator’s 1951 Will gave life interest in two houses to her sisters and, after their deaths, vested absolute title in the male heirs, subject to a clause that any sale must be to the other male heirs at market price and not to strangers. After a partition, Rukmani Ammal and her son sold one …
The plaintiff, a builder, sued the owners of a residential property for specific performance of an alleged oral collaboration agreement to develop the land. The High Court, noting the suit's low chance of success and heavy court dockets, ordered the plaintiff to furnish an undertaking to pay Rs.25 …
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 …
The appellant, S. Kaladevi, filed a suit for specific performance of a sale agreement for an immovable property, seeking execution of a fresh sale deed and an injunction. The sale deed dated 27‑02‑2006 had been executed but could not be registered because of an attachment on the property, and the …
