Transfer of Property Act, 1882

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

Gurpreet Singh appealed against the Union of India challenging the applicability of the rule of appropriation in execution of award decrees under the Land Acquisition Act, 1894 (as amended by Act 68 of 1984) and the entitlement to interest on solatium. The Court examined whether the normal CPC rule of appropriation (Or…

The testator executed a 1932 Will granting his sons only a life interest in certain properties, with absolute succession to their heirs after death. In 1975 the son, then a minor at the time of the Will, and his own son sold the property to the appellants, although they possessed only a life interest. The daughters of …

The plaintiff, Phagua, executed a sale deed in favour of Mst. Hasrat Bi after obtaining a Rs.400 loan, simultaneously agreeing that the property would be reconveyed if the loan was repaid within three years. The loan was not repaid, Hasrat Bi's name was mutated in revenue records and she sold the land to the appellants…

Munimalaiyan had taken a simple mortgage of Rs.3,000 in 1961, securing it with three properties. Unable to repay, a deed dated 22 Oct 1970 was executed, selling one of the properties to Chennammal for Rs.3,000 while reserving Munimalaiyan's right to repurchase within three years. The dispute centered on whether this de…

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

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

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

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

The respondents, owners of land adjoining a six‑acre ancestral property, claimed a right of pre‑emption under Mohammedan law on the ground of vicinage when the owner (appellant No.3) entered into a registered agreement for sale with appointees Nos.1 and 2. The lower courts held the pre‑emption rule unconstitutional, wh…

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

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

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

The case arose from two suits filed in the Delhi High Court seeking specific performance of a 1983 agreement for the sale of flats and a refund of a loan allegedly advanced by the plaintiffs to the developers. The trial judge framed ten issues in each suit, found in favour of the plaintiffs, and held that a conveyance …

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

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

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

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

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

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

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

Al Champdany Industries Limited purchased the assets of a company in liquidation. After the sale was confirmed, Bhatpara Municipality claimed arrears of property tax for periods before the sale and sought payment from the purchaser. The High Court held that the sale terms "as is where is" imposed a duty on the buyer to…

The appellant, the original owner of a parcel of land, sold the property to the respondent on the condition that the respondent would discharge an existing mortgage of Rs.5,000. The appellant himself paid all installments and ultimately discharged the mortgage, while the respondent never did so nor obtained mutation of…

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

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

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

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

The Supreme Court examined a deed dated 27‑10‑1969 in which the vendor transferred his one‑half leasehold interest to the vendee with a stipulation that he could repurchase the property within three years. The central issue was whether the instrument constituted an absolute conveyance with a condition of repurchase (a …

The appellant purchased a two‑acre parcel of land granted to Smt. Gangamma in 1961 and invested in improvements. The Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978, which came into force in 1979, declares any transfer of such granted land in contravention of the gra…

The landlord (appellant) obtained a decree for eviction against the tenants (respondents) who simultaneously filed a suit for specific performance of a sale agreement. The Supreme Court dismissed the respondents' Special Leave Petition on the condition that the appellant would not execute the eviction decree until the …

Hindustan Lever Ltd. challenged the levy of stamp duty by the State of Maharashtra on the High Court order sanctioning its amalgamation with Tata Oil Mills Ltd. The appellants argued that the order was a judicial decree, not an "instrument" under the Bombay Stamp Act, and that the State lacked constitutional competence…

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

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

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

The New Bus Stand Shop Owners Association occupied shops in a building owned by the Corporation of Kozhikode under licences issued pursuant to Section 215 of the Kerala Municipalities Act, 1994. The State of Kerala contended that these licences were in substance leases, requiring a higher stamp duty under Entry 33 of t…

M. Naga Venkata Lakshmi purchased a 167‑sq‑yd plot in an unapproved layout that was later incorporated into the approved Radha Krishna Nagar layout, where her plot was shown as a reserved open space. Her application for building‑plan sanction was rejected by the Visakhapatnam Municipal Corporation on that ground. She f…

The case concerned a residential dwelling house owned by an undivided family. After a partition suit, the widow of a deceased co‑owner obtained a final decree for her one‑third share and later gifted that share to her brother, a stranger to the family, who filed an execution petition. During execution, the legal heir o…

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

The plaintiff entered into a sale agreement with the first defendant on 27 July 1971 for a godown, paying an advance and agreeing that the sale deed would be executed within 90 days. The first defendant reneged and sold the same property to defendants 2‑5 on 9 November 1971. The plaintiff sued for specific performance.…

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

The appellant, Kamakshi Builders, entered into a partnership with the owner of a property (Respondent No.3) and, through an arbitration award, acquired ownership of the premises that had been leased to Ambedkar Educational Society (Respondent No.1). The society claimed title to the property on the basis of an alleged o…

The plaintiff, Narain Prasad Aggarwal, claimed ownership of a parcel of land that had been auctioned in 1859 and subsequently passed down through his ancestors. The State of Madhya Pradesh asserted that the land was Nazul land held by the government on lease to the plaintiff's predecessor, Putri Sethani, and that the S…

The case concerned a private family temple, Pechiamman Temple, whose management rights were disputed among two branches of the founding family. The plaintiff sought to invalidate the will of Lakshmanan Chettiar, arguing that the right to manage the temple (shebaitship) could not be transferred by testament. The trial c…

The case involved two related suits concerning a plot of land: one for recovery of possession and a permanent injunction, and another for specific performance of an alleged oral agreement of sale. The plaintiff claimed the defendants had constructed a compound wall on his plot, while the defendants asserted that an ora…

The appellant, Samir Mukherjee, occupied premises under an oral lease for manufacturing purposes. The respondents, Davinder K. Bajaj and others, served a 15‑day notice to quit, invoking Section 106 of the Transfer of Property Act, which presumes a month‑to‑month tenancy unless the lease is for agricultural or manufactu…

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

The appellant, a beneficiary of a trust, claimed a pre‑emptive right under Article 57‑A of the company's Articles of Association to purchase 3,417 and 93 shares held by joint executors, but the executors sold those shares to a third‑party group without complying with the Articles or Section 108 of the Companies Act. Th…

Savitri Devi filed a civil suit against her four sons for maintenance and a charge over ancestral property, and the court issued an interim injunction restraining any alienation of the suit property. The first son subsequently sold one‑fourth shares of three parcels to three third‑party purchasers (respondents 3‑5). Th…

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

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

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

The appellant, Avinash Kumar Chauhan, purchased land from respondent Vijay Krishna Mishra, a Scheduled Tribe member, and paid the full consideration and took possession, but the transfer required the collector’s permission under the C.G. Land Revenue Code, which was denied. Chauhan sued for recovery of the consideratio…

The Delhi Development Authority (DDA) sold a plot to Skipper Construction Co., which defaulted on payments and subsequently sold space in the proposed building to far more buyers than the available units, many of whom paid large sums. DDA re‑entered the plot, sold it to a third party, and was ordered in 1996 to reimbur…

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

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

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

The case concerned a residential dwelling house that had been transferred through several generations and eventually a 1/9 share was sold to Gautam Paul, who was not a member of the undivided family that owned the house. Debi Rani Paul and Radha Rani Paul, members of that family, filed a suit for partition and invoked …

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

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

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

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

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

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

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

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

Vidyadhar, the plaintiff, bought land from Defendant No.2 who had earlier executed a document styled "Kararkharedi" in favour of Defendant No.1, claiming it to be a mortgage by conditional sale. The plaintiff sued for redemption of that mortgage or specific performance, while Defendant No.1 contended that the document …

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

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

Azhar Sultana entered into a sale agreement with Ramesh Chand Khanna and paid an advance of Rs 30,000. While the agreement was pending, Khanna sold the same property to defendants 5 and 6 by a registered deed, after which the plaintiff filed a suit for specific performance of her original agreement. The Supreme Court e…

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

The first respondent filed a suit for partition of his undivided share in a property. The appellants, having purchased the undivided shares of the other co‑sharers through registered sale deeds, applied to be impleaded in the partition suit, claiming they were bona fide purchasers for value and entitled to the alienor'…

The dispute arose from a leasehold property originally owned by a Tarwad, which was taken by an ex parte decree in 1942 and sold at a court auction to the decree‑holder Mohammed Haji. The decree‑holder subsequently leased the land to Raghavan Nair, whose rights were later assigned to P.K. Abdulla, the respondent. The e…

Umrah Khatoon filed a suit claiming an easement right to discharge drain water over the land of Md. Zafir Khan. The trial court decreed in her favour and the first appellate court affirmed the decree. The High Court reversed, holding the suit non‑maintainable because the plaint also asserted title to the land, deeming …

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

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

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

The appellant, a tenant, entered into an oral agreement of sale with the respondents (landlords) and later sued for specific performance. The respondents alienated the property to third parties and filed a counter‑claim for possession, alleging the tenant had denied the landlord's title. The trial court entertained the…

The landlord filed an eviction suit in 1976 after a shop was reconstructed in 1970. The tenant, Gian Chand, claimed he remained a statutory tenant under the United Provinces (Temporary) Control of Rent and Eviction Act, 1947, and argued that the exemption period of ten years under the U.P. Urban Buildings (Regulation o…

The respondent attempted to gift out‑houses attached to a building to his wife by an unregistered declaration dated 10 October 1966. The Gift Tax Officer rejected the claim, holding that Section 123 of the Transfer of Property Act, which requires a registered instrument for a gift of immovable property, was not complie…

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

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

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

The Authorized Officer of Indian Overseas Bank (IOB) sought to enforce its security interest over the assets of Mis. Ashok Saw Mill under Section 13(4) of the SARFAESI Act after the borrower defaulted on loans, leading to possession and eventual sale of assets. The borrower challenged the actions before the High Court …

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

The case involved two sisters who challenged a 1983 deed of partition and relinquishment of their rights in family properties in favour of their brothers, alleging fraud and lack of consideration. The lower courts had held that the properties were joint family assets, the partition was a family settlement, and the sist…

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

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

Thimmegowda, having no male issue, adopted his nephew Narayani and executed a settlement deed on 1 August 1969 entrusting six agricultural properties to Narayani and his natural father Subbegowda for management, subject to a clause reserving the power of revocation to Thimmegowda. Thimmegowda later sued to set aside th…

The case concerned lands vested in the State under the West Bengal Estates Acquisition Act, 1953 after the death of an intermediary (big raiyat) Ganga Das Pal. The heirs of the intermediary filed a writ petition challenging a 1971 order that vested the lands in the State, arguing they retained the right to choose lands…

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

The Haryana Financial Corporation (HFC) advertised an auction of a defaulting unit’s land and accepted a Rs.2.5 lakh earnest deposit from Rajesh Gupta, the highest bidder. Gupta discovered that the plot lacked an independent access road and repeatedly requested clarification and plans, but HFC failed to respond and lat…

The appellant, a non‑redeeming co‑mortgagor, claimed a 9/12 share in a jointly owned mortgaged property and sought declaration of title, possession, or partition after another co‑mortgagor fully redeemed the mortgage and took possession. The trial court and first appellate court decreed partition, ordering the appellan…

The dispute concerned whether two prior mortgagees, who had become landlords after purchasing the mortgagee's interest, could retain possession of agricultural land as tenants after the mortgage was redeemed by the owners. The owners (appellants) obtained a decree for redemption and possession, which the lower courts a…

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

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

The appellants purchased land from the wife and son of Bhola Singh and claimed ownership, asserting that the property was not dedicated to a Sikh Gurdwara because no notification under Section 10(3) of the Sikh Gurdwara Act, 1925 had been produced. SGPC contended that the land was listed in a notification under Section…

FGP Ltd., a public limited company, occupied a flat in Mumbai under a tenancy agreement dated 16‑07‑1981. The legal representatives of the original owner filed a suit for possession under the Bombay Rent Act, 1947, claiming reasonable and bona‑fide requirement; the Small Causes Court, the appellate authority and the Hi…

The Gram Panchayat of Haripura, claiming ownership of a parcel of land, filed an application under Sections 4 and 7 of the Punjab Public Premises (Eviction and Rent Recovery) Act, 1973 to evict respondents who were cultivating the land without a valid lease. The Collector held the respondents to be unauthorised occupan…

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

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

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

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

The Supreme Court examined a dispute over a Will executed by 70‑year‑old Sarajumani Dasi in favour of a stranger, Brajakishore Nanda. The Will and a sale deed were executed on the same day, but the original Will was never produced; only a certified copy and a Xerox copy were offered. The Court found that the attesting …

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

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

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

The Residents Welfare Association, Noida sought stamp duty relief on deeds transferring leasehold rights of plots allotted by the Noida Authority to cooperative societies and subsequently to its members. The authorities demanded duty under Article 23 of Schedule 1‑B of the U.P. Stamp Act based on the current market val…

The Zoroastrian Co‑operative Housing Society Ltd. (appellant) was formed to provide housing for members of the Parsi community and its bye‑law 7 limited membership to Parsis. Respondent No. 2, a qualified member, sought to transfer his share to Respondent No. 3, a non‑Parsi builder, but the Society refused permission u…

The Tamil Nadu Kalyana Mandapam Association, representing mandap‑keepers who let out halls and provide catering, challenged the levy of service tax on their services under Sections 66 and 67 of the Finance Act, 1994 and Rule 2(1)(d)(ix) of the Service Tax Rules, arguing that the tax was in substance a tax on land (a St…

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

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

The appellant, a mortgagor in a usufructuary mortgage, filed a suit for redemption and was directed by the trial court to deposit the mortgage money within a stipulated period. He failed to deposit, sought an extension which was denied, later deposited the amount with permission, and then applied for a final decree wit…

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

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

The landlord filed a suit for eviction and mesne profits against the tenant under the West Bengal Premises Tenancy Act, 1956. The trial court held that the notice to quit was invalid and dismissed the suit. On appeal, the lower appellate court and the High Court found that a valid one‑month notice had been served, the …

The Official Trustee of West Bengal, as executor and trustee of a 1919 lease, was asked by Stephen Court Ltd. to apply to the Calcutta High Court for an extension of the lease under Section 302 of the Succession Act, 1925 read with Section 26 of the Official Trustees Act, 1913. The High Court entertained the applicatio…

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

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

The husband filed a suit for declaration of title and possession of a schedule property where his wife and children were residing. The trial court and the first appellate court decreed possession in favour of the husband. The wife appealed, asserting her right to reside in the matrimonial home and relying on a previous…

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

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

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

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

The tenants sought relief under Order VI Rule 17 of the CPC, arguing that the landlord had not served a notice under Section 106 of the Transfer of Property Act before filing an eviction suit. A single judge of the Rajasthan High Court allowed the plea, relying on Prakash Mal v. Jaswant Raj Soni, which held that a noti…

The plaintiffs, Mis. Shivalik Agro Poly Products Ltd. and others, were allotted an industrial plot and, to secure loans, executed a mortgage deed that required payment of stamp duty and registration fees as per a Himachal Pradesh Government notification under Sections 78 and 79 of the Registration Act. They sued to dec…

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

The State of Maharashtra appealed against a Bombay High Court order that had held the respondents, B.E. Billimoria and others, were within the ceiling limit of vacant land in Pune. The respondents jointly owned a 5,428.09‑sq‑m plot in Pune and each owned a flat in a Mumbai co‑operative housing society. The competent an…

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

The appellants purchased land from co‑tenure holders (the vendors) and sought entry of their names in the revenue records. The respondents objected, claiming the vendors' father (Faqir) had no right to the land and that his entry in the 1356 Fasli Khatauni was fictitious. The Consolidation Officer allowed the appellant…

Arjan Singh filed a suit for specific performance of a contract concerning a Chandigarh property and obtained an interim injunction that was extended up to 16 October 1996. A second suit was filed by Sanjeev Sharma against the same owner, Dr. Bawa, and the parties entered into a compromise on 19 February 2003, resultin…

The widowed wife and children of the deceased Murlidhar Hemdev claimed a right to specific plots in a Thane development, alleging that a registered rectification deed admitted their title and that a release deed dated 27‑03‑1979 was forged. The builder, having obtained sale agreements from various partners, argued he w…

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

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

The respondent obtained an ex‑parte decree in a title suit (No. 140 of 1999) against several defendants. During the pendency of that suit, two of the defendants sold their shares to the appellant, Usha Sinha, by a registered deed. The decree‑holder filed an execution petition, and the appellant sought an injunction to …

Rama Devi executed a deed on 15 May 1974 purportedly as a conditional mortgage for a loan of Rs.13,000, stipulating reconveyance of the land if repaid within five years. She sought reconveyance within the period, but the respondent refused; later, under local pressure, he returned possession in 1984 without executing a…

The landlord filed a suit for possession of a plot, claiming it was open land not covered by the Central Provinces and Berar Letting of Houses and Rent Control Order, 1949, and that the tenancy had expired. The tenant appealed, arguing that the plot formed part of a house and that the amendment introducing clause 13‑A …

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

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

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

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

The appellant, a tenant of a shop let under the Kerala Buildings (Lease and Rent Control) Act, 1965, saw the shop completely destroyed by fire. He rebuilt a new shop on the vacant land without the landlord's consent, prompting the landlord to sue for demolition of the new structure and possession of the land. The trial…

The respondent, KokiYat Estates, had mortgaged extensive plantation land to a bank, with the State of Kerala acting as guarantor. Subsequent land‑ceiling and private‑forest statutes vested large portions of the mortgaged land in the State free of encumbrances, and later the State paid off the loan and obtained an assig…

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

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

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

The vendor, a life tenant of a property, entered into a sale agreement with HPA International to sell his life interest and the reversionary interest of the remaindermen, subject to obtaining a High Court sanction. The sanction suit was opposed by the reversioners and, after two years of delay, the vendor served a noti…

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

The appellants, Amit Kumar Shaw and Anand Kumar Shaw, purchased the suit property from the original defendants during the pendency of two second appeals before the Calcutta High Court. They filed applications under Order I Rule 10 and Order XXII Rule 10 of the CPC seeking substitution of their names in place of the ori…

The case concerned a transaction where the respondents sold a property to the appellants for Rs 45,000 and, on the same day, entered into an agreement for reconveyance of the same property upon payment of the same amount within seven to nine years. The respondents claimed the arrangement was a mortgage and that the deb…

The Karnataka State Financial Corporation (KSFC) had granted a loan to an industrial concern and obtained personal guarantees and hypothecated properties from its directors. When the industrial concern defaulted, KSFC invoked Section 29 of the State Financial Corporations Act, 1951 to take possession of the guarantors'…

The respondent, who owned a plot of land in Kolhapur, executed a deed titled "Conditional Sale Deed" with the appellant on 7 October 1969, agreeing to transfer possession for Rs.500 for a period of five years, with a clause that repayment of the amount would require the appellant to reconvey the property. The appellant…

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

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

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

The Kannada Mutt, a religious institution, held jagir lands that were abolished under the Karnataka Certain Inams Abolition Act, 1977, vesting the lands in the State. The Mutt was later re‑granted the land, but the mortgagees claimed that the earlier mortgage was revived by the re‑grant and sought possession. The Karna…

Kishore Kumar Khaitan filed a suit seeking a declaration of tenancy and a perpetual injunction against the owners of a building, also applying for an interim injunction. The trial court refused an ex‑parte injunction; the Additional District Judge then issued an ex‑parte order directing the parties to maintain the stat…

The appellant, Arumugam Chetiyar, occupied a house as a tenant from 1971. In 1977 the landlord executed a mortgage deed in favour of the appellant. The issue was whether the mortgage deed implied a surrender of the appellant's tenancy rights, thereby converting him merely into a mortgagee. The trial court and the Karna…

The dispute involved the sale of 4 Bighas of agricultural land by Rajiv Lochan Roy in 1982, who falsely claimed his father Nakho Ram was dead, while the father was alive until 1990. The buyer, Jharu Ram Roy (appellant), was aware of the fraud. The other son, Ramjit Roy, filed a suit to set aside the deeds and claim pos…

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

The Bihar State Financial Corporation (BSFC) granted a loan to Mis. Chhotanagpur Minerals, which mortgaged lease‑hold rights over a factory site. After the borrower defaulted, BSFC invoked Sections 29 and 30 of the State Financial Corporations Act, 1951 and sold the factory premises to a third party, also removing othe…

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

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

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

The landlord filed a suit for eviction of the tenant company for non‑payment of rent and, during the suit, sought an order under Section 11(4) of the Bombay Rents, Hotel and Lodging House Rates Control Act directing the tenant to deposit the arrears. The tenant argued that, because it had been declared a sick industria…

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

The case concerned a suit for redemption of a mortgage executed in 1902 by a widow, Lakshamania, in favour of Ram Charan Sonar. The plaintiff, claiming to be an heir of Lakshamania, filed the suit in 1960 after a series of subsequent mortgages, sales and redemptions involving the property. The trial court and the first…

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

MIS. K.B. Saha & Sons Pvt. Ltd. (landlord) leased a flat to MIS. Development Consultant Ltd. (tenant) for the residential use of a named officer, Mr. Keshab Das, under a memorandum dated 30‑03‑1976. After Mr. Das vacated, the tenant sought to allot the premises to another employee, prompting the landlord to file suits …

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, and the civil court p…

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 property to M/s…

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 trial court refused to…

The landlord sought possession of two shop premises to demolish and reconstruct them under Section 12 of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960. After the landlord completed the work, he offered the rebuilt premises back to the tenants at a higher rent, but the tenants filed execution…

The appellants filed a suit for ejectment against the respondents for arrears of rent and sub‑letting, and obtained a decree for possession of the premises. In the execution proceedings the second respondent claimed to have purchased the undivided interest of certain coparceners of the Hindu Undivided Family of the dec…

Babulal, a tenant of a shop owned by the Phool Maliyan Samaj Mandir Trust, had his tenancy terminated by a notice under Section 106 of the Transfer of Property Act, 1882 but refused to vacate. The trustees filed an eviction suit, contending that the property was exempt from the Madhya Pradesh Accommodation Control Act,…

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 properties under the SARFA…

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 auction, later applied…

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 four legal heirs were …

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 jurisdictional objecti…

The appellant, S. Nazeer Ahmed, had borrowed Rs.1,10,000 from State Bank of Mysore for a bus, securing the loan by hypothecating the bus and equitably mortgaging two immovable properties. The bank first obtained a money decree, but could not sell the hypothecated bus and later sued for enforcement of the equitable mort…

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 was barred by the thre…

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 court and first appe…

The Karnataka State Industrial Investment & Development Corporation Ltd. (the appellant) sought enforcement of a surety under Section 31(1) of the State Financial Corporations Act, 1951, filing the application before the VI Additional City Civil Judge, Bangalore. The industrial concern whose assets were pledged was loc…

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 facilitate black‑mo…

The appellant, a co‑owner of a shop, obtained a defined share of the premises through a partition among brothers. The respondent, a tenant, continued to pay rent to the elder brother and refused to pay rent to the appellant after the partition, leading to termination of his tenancy and an eviction petition under the Hy…

The State of Uttar Pradesh challenged a decision that excluded lands covered by agreements to sell, but not yet transferred by sale deed, from the holding of a tenure‑holder for purposes of the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960. The tenure‑holder argued that having parted with possession un…

The suit land was mortgaged in 1896 and a decree for redemption was finally passed in 1960. During execution proceedings the mortgagor deposited the mortgage money and value of improvements on 14 March 1969, after which the mortgagee's right to possession ceased. The appellants argued that Section 4A of the Kerala Land…

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 authority demanded a…

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 revisional court. Th…

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 tenant asserted…

The lessee, Shanti Prasad Devi, held a petrol pump on premises leased for fifteen years and sought renewal after the lease expired, sending a notice and continuing to pay rent which the lessor accepted. The lease contained specific renewal clauses requiring the option to be exercised before expiry and the terms to be f…

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 after the plaintiff'…

The case involved a partition suit filed by the daughter, Leelavathi, of the deceased G. Venkata Rao, seeking a one‑fourth share in his properties. The three sons contested, asserting that the properties were their personal assets and that the transactions were not benami. The trial court dismissed the suit, holding th…

The State Government of Andhra Pradesh granted a licence to Guntur Power and Light Ltd (GPL) to operate an electricity undertaking and transferred certain lands to it. GPL later leased portions of this land to its sister company, Guntur Tobacco Company (GTC), with an option to purchase. In 1956 the government acquired …

The landlord (Achal Misra) sought to set aside orders of allotment of two floors of a building to tenants under the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, arguing that the earlier declaration of vacancy was erroneous and that the High Court erred in holding that the vacancy …

The landlord, Smt. Kamal Saroj Mahajan, leased a showroom to four brothers jointly under a lease deed dated 4 September 1977 for Rs. 2,500 per month, later increased to over Rs. 3,500, causing the Delhi Rent Control Act to cease applying. She served a notice under Section 106 of the Transfer of Property Act terminating…

Vithalbhai Pvt. Ltd., the lessor of a lease that expired on 24 June 1984, served a notice to the lessee demanding vacant possession and filed a suit for eviction on 16 April 1984, twelve weeks before the lease term ended. The defendant argued that the suit was premature and not maintainable. The High Court Single Judge…

The appellant, N.S. Nale, sought redemption of a possessory mortgage on an inam land that had been resumed and regranted under the Bombay Pargana and Kulkarni Watans (Abolition) Act, 1950. The mortgagee, Bapu Ganpati Jagtap, failed to pay the statutory occupancy price required for regrant, yet obtained the regrant by p…

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 writ petition which the…

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 Revanna, sued for a de…

The appellant, Vashu Deo, was a sub‑tenant of Bal Kishan who had leased a shop from the Sarvjanik Sampati Trust under the Rajasthan Premises (Control of Rent and Eviction) Act, 1950. The appellant fell into rent arrears and Bal Kishan sued him for recovery of rent and eviction, while the Trust simultaneously sued Bal K…