Created by Fuzzy Cloud

Transfer of Property Act, 1882

825 judgments · newest first · showing 401–600

KARAM KAPAHI & OTHERSversusM/S. LAL CHAND PUBLIC CHARITABLE TRUST & ANOTHER

2010 INSC 200Dismissed

The Lal Chand Public Charitable Trust leased property to the South Delhi Club and later terminated the lease for non‑payment of rent. The Trust sued for possession; the Club contested the Trust’s title and sought relief under Section 114 of the Transfer of Property Act, while also admitting …

PALLAWI RESOURCES LTD.versusPROTOS ENGINEERING COMPANY PVT. LTD.

2010 INSC 174Dismissed

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

P.K. MOHAN RAMversusB.N. ANANTHACHARY AND ORS.

2010 INSC 149Appeal(s) allowed

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 …

ECONOMIC TRANSPORT ORGANIZATIONversusM/S. CHARAN SPINNING MILLS (P) LTD. AND ANR

2010 INSC 103Dismissed

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 …

HARYANA FINANCIAL CORPORATION & ANR.versusRAJESH GUPTA

2009 INSC 1306Dismissed

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 …

THE NEW BUS STAND SHOP OWNERS ASSOCIATIONversusCORPORATION OF KOZHIKODE & ANR.

2009 INSC 1157Appeal(s) allowed

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 …

FGP LTD.versusSALEH HOOSEINI DOCTOR AND ANR.

2009 INSC 1138Dismissed

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 …

THE STATE OF MAHARASHTRA & ANR.versusM/S. SUPER MAX INTERNATIONAL PVT. LTD. & ORS.

2009 INSC 1081Dismissed

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

BISWANATH AGARWALLAversusSABITRI BERA & ORS.

2009 INSC 1012Appeal(s) allowed

The respondents filed a title suit for eviction of the appellant, claiming ownership and landlord status over a shop in Purulia. The appellant denied being a tenant, asserting that he entered possession under a sale agreement and later pleaded adverse possession, claiming over twelve years of …

AUTHORIZED OFFICER, INDIAN OVERSEAS BANK AND ANR.versusM/S. ASHOK SAW MILL

2009 INSC 921Disposed off

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 …

SARLA GOEL & ORS.versusKISHAN CHAND

2009 INSC 891Appeal(s) allowed

The Supreme Court examined whether a tenant who tendered rent by money order, which the landlord refused to accept, was required to deposit the rent with the Rent Controller under Section 27 of the Delhi Rent Control Act, 1958. The Court held that the word "may" in Section 27 is to be read as …

RAMDASversusSITABAI & ORS.

2009 INSC 850Dismissed

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

V.N. DEVEDOSSversusCHIEF REVENUE CONTROL OFFICER-CUM-INS. AND ORS.

2009 INSC 748Appeal(s) allowed

The appellant purchased 60.86 acres of land belonging to Dunlop India Ltd, a sick company, through an open‑market tender conducted by an Asset Sales Committee appointed under the Sick Industrial Companies (Special Provisions) Act, 1985. The sale deed was executed at Rs 24.34 crore and registered. …

L.N. ASWATHAMA & ANR.versusP. PRAKASH

2009 INSC 571Appeal(s) allowed

The plaintiffs, heirs of their father who had mortgaged a government‑purchased plot, discovered the property after clearing the loan and found the defendant in unauthorized possession. They sued for declaration of title, possession, permanent injunction and mesne profits. The trial court held that …

STATE OF ORISSA AND ORS.versusHARAPRIYA BISOI

2009 INSC 560Appeal(s) allowed

The dispute concerned 53.95 acres of land in Bhubaneswar that vested in the State of Orissa under a 1954 notification of the Orissa Estate Abolition Act, 1951. The respondent, Harapriya Bisoi, claimed she was a "deemed tenant" because her predecessor had obtained a lease from the erstwhile …

M/S. RESIDENTS WELFARE ASSOCIATION, NOIDAversusSTATE OF U.P. & ORS.

2009 INSC 507Appeal(s) allowed

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 …

KISHORSINH RATANSINH JADEJAversusMARUTI CORP. & ORS.

2009 INSC 457Disposed off

The appellants, owners of agricultural land, entered into an agreement in 1980 for a cooperative housing project that later failed, leading the respondent Maruti Corp. to sue for specific performance in 1999. While the Gujarat High Court admitted the appeal and initially ordered that any dealing …

VIMAL CHAND GHEVARCHAND JAIN & ORS.versusRAMAKANT EKNATH JAJOO

2009 INSC 387Appeal(s) allowed

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

CENTRAL BANK OF INDIAversusSTATE OF KERALA AND ORS.

2009 INSC 286Dismissed

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

KALIAPERUMALversusRAJAGOPAL & ANR.

2009 INSC 228Dismissed

Kaliaperumal purchased immovable property from Rajagopal and others by a deed dated 26 June 1983, agreeing to pay Rs.43,000, of which Rs.40,000 was to be paid in the presence of the Sub‑Registrar at registration. The deed was registered on 26 October 1983, but the balance consideration was never …

AL CHAMPDANY INDUSTRIES LIMITEDversusTHE OFFICIAL LIQUIDATOR & ANR.

2009 INSC 220Appeal(s) allowed

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 …

AZHAR SULTANAversusB. RAJAMANI & ORS.

2009 INSC 200Disposed off

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. …

NI. PRA CHANNABASAVA D.S. MATADHIPATHIGALU KANNADA MUTTversusC.P. KAVEERAMMA AND ORS.

2009 INSC 188Appeal(s) allowed

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 …

JHARU RAM ROYversusRAMJIT ROY AND ORS.

2009 INSC 32Dismissed

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 …

DWARIKA NATH ACOOLIversusDULAL CHANDRA BAYEN AND ORS.

2009 INSC 3Disposed off

The appellant, claiming ownership of a property at 18/1 Ramesh Mitra Road, Kolkata, sought eviction of the respondent who alleged he was a Thika tenant under the Calcutta Thika Tenancy (Acquisition and Regulation) Act, 1981. The respondent filed a Return under Rule 3(a) of the 1981 Rules, which the …

LALITABEN JAYANTILAL POPATversusPRAGNABEN JAMNADAS KATARIA & ORS.

2008 INSC 1504Appeal(s) allowed

The Supreme Court heard an appeal against a Gujarat High Court order that granted probate of a Will dated 18 June 1995 executed by the deceased Jayantilal Kataria. The appellant contended that the Will was not validly attested because Section 63(c) of the Indian Succession Act, 1925 requires two or …

C. CHERIATHANversusP. NARAYANAN EMBRANTHIRI

2008 INSC 1483Appeal(s) allowed

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 …

AVINASH KUMAR CHAUHANversusVIJAY KRISHNA MISHRA

2008 INSC 1465Dismissed

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 …

BIHAR STATE FINANCIAL CORPORATIONversusM/S. CHHOTANAGPUR MINERALS AND ORS.

2008 INSC 1431Dismissed

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 …

NARENDRA GOPAL VIDYARTHIversusRAJAT VIDYARTHI

2008 INSC 1385Appeal(s) allowed

The dispute arose from a Will executed by Bishan Sahai Vidyarthi in 1965, which set aside Rs.30,000 for the benefit of his widowed daughter‑in‑law Chandramukhi and her son Narendra Gopal Vidyarthi. Within a month the testator purchased an immovable property with that amount. After the testator's …

KOMALAM AMMAversusKUMARA PILLAI RAGHAVAN PILLAI AND ORS.

2008 INSC 1305Disposed off

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 …

KUMAR GONSUSAB & ORS.versusSRI MOHAMMED MIYAN URF SABAN & ORS.

2008 INSC 947Appeal(s) allowed

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 …

RANGANAYAKAMMA AND ANOTHERversusK.S. PRAKASH (D) BY L.RS. AND OTHERS

2008 INSC 711Dismissed

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 …

RAM AVADH & ORS.versusRAM DAS & ORS.

2008 INSC 664Appeal(s) allowed

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 …

ARJAN SINGHversusPUNIT AHLUWALIA & ORS.

2008 INSC 668Case Partly allowed

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 …

M/S. K.B. SAHA & SONS PVT. LTD.versusM/S. DEVELOPMENT CONSULTANT LTD.

2008 INSC 639Dismissed

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 …

M/S. YASHA OVERSEASversusCOMMISSIONER OF SALES TAX & ORS.

2008 INSC 586Dismissed

The Supreme Court examined a batch of six appeals concerning the taxability of Replenishment Licences (REP licences) and the Duty Entitlement Passbook (DEPB) scheme under various State sales tax statutes. The appellants argued that the three‑judge decision in Vikas Sales Corporation v. Commissioner …

SITARAM AGARWAL & ANR.versusSUBARATA CHANDRA & DAMKRISHNA DHARA & ORS.

2008 INSC 599Dismissed

The father of the respondents purchased land as the shebait of the deity Sri Sri Durgamata Thakurani and later sold it to the appellants. The appellants sought to enforce the sale, while the respondents claimed the land was a debutter (charitable endowment) and that the shebait could not validly …

BABULAL BADRIPRASAD VARMAversusSURAT MUNICIPAL CORPORATION & ORS.

2008 INSC 574Dismissed

The appellant, a tenant of a plot acquired for a road‑widening scheme, challenged the final allotment of re‑allotted plots on the ground that he had not been served a special notice as required by Sections 52 and 53 of the Gujarat Town Planning and Urban Development Act. The Court held that Rule 26 …

GURUSWAMY NADARversusP. LAKSHMI AMMAL (D) THROUGH LRS. & ORS.

2008 INSC 566Dismissed

The plaintiff entered into a sale agreement with the first defendant, paid earnest money but failed to pay the balance, and filed a suit for specific performance on May 3, 1975. Two days later the first defendant sold the same property to the appellant for a higher price and gave possession. The …

BABU SINGH & ORS.versusRAM SAHAI @ RAM SINGH

2008 INSC 559Case Allowed

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

M/S. ORMI TEXTILES & ANR.versusSTATE OF U.P. & ORS.

2008 INSC 547Case Partly allowed

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

WILLIAMSversusLOURDUSAMY & ANR.

2008 INSC 524Appeal(s) allowed

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

GUNTUR TOBACCOS LTD.versusTHE TRANSMISSION COPRN. OF A.P. & ANR.

2008 INSC 489Dismissed

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 …

M.R. SATWAJI RAO (D) BY L.RS.versusB. SHAMA RAO (DEAD) BY L.RS. & ORS.

2008 INSC 472Dismissed

The appellant mortgagee had taken a usufructuary mortgage on a property in 1948, allowing the mortgagor to remain in possession as a tenant. When the mortgagor defaulted on rent, the mortgagee obtained a money decree for arrears of rent and, in execution, purchased the property at a public auction …

SEENIVASANversusPETER JEBARAJ & ANR.

2008 INSC 457Dismissed

The appellant filed a suit for specific performance of a sale and later sought to implead a third party, SA, who had already purchased the suit property. SA subsequently sold the property to the respondents, and an ex‑parte decree was passed against the appellant before SA was served with summons. …

SWARN K. JAINversusRAVI MAHAJAN AND ORS.

2008 INSC 444Dismissed

Swarn K. Jain filed a suit for possession of his land alleging that the defendants had encroached upon it and erected a boundary wall. The defendants contended that the plaintiff was estopped from suing because he had received the full sale consideration and deliberately omitted when the cause of …

ANATHULA SUDHAKARversusP. BUCHI REDDY (DEAD) BY LRS. & ORS.

2008 INSC 395Appeal(s) allowed

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

USHA SINHAversusDINA RAM & ORS.

2008 INSC 372Dismissed

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 …

RAMA DEVIversusDILIP SINGH

2008 INSC 385Dismissed

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 …

KARNATAKA STATE FINANCIAL CORPORATIONversusN. NARASIMAHAIAH AND ORS.

2008 INSC 353Dismissed

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 …

VISHWANATH DADOBA KARALEversusPRISA SHANTAPPA UPADHYE (D) TH. LRS

2008 INSC 363Dismissed

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 …

DHARMA NAIKAversusRAMA NAIKA AND ANR.

[2008] 2 S.C.R. 451Dismissed

The case concerned a 2‑acre land granted by the Government of Karnataka to a Scheduled Caste grantee with a condition that it not be alienated for fifteen years. After the restriction period, an agreement to sell was executed on 5 July 1976, but the sale deed was executed and registered on 13 …

RANJU@ GAUTAM GHOSHversusREKHA GHOSH & ORS.

2007 INSC 1306Dismissed

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 …

M/S NOPANY INVESTMENTS (P) LTD.versusSANTOKH SINGH (HUF)

2007 INSC 1255

M/S NOPANY INVESTMENTS (P) Ltd., the landlord, sought eviction of SANTOKH SINGH (HUF) tenant. The junior HUF member, Jasraj Singh, filed the suit claiming to be the Karta despite the senior brother being alive but residing abroad and having executed a power of attorney. The Supreme Court held that …

T. VIJENDRADAS AND ANR.versusM. SUBRAMANIAN AND ORS.

2007 INSC 1023Disposed off

The vendor (RV) sold a municipal property to Sakunthala without notifying the Coimbatore Municipality, which continued to claim property tax arrears. The Municipality sued RV, obtained a decree, and the property was later auctioned; RV's wife bought it and subsequently sold it to a third party, who …

HASTHIMAL AND SONS AND ORS.versusP. TEJ RAJ SHARMA

2007 INSC 1002Appeal(s) allowed

The suit involved a property mortgaged to the defendant under a deed dated 19‑03‑1980, which expressly provided that on redemption the mortgagee would revert to being the lessee of the mortgagor. A subsequent partial‑release deed dated 21‑09‑1981 gave the mortgagee a right of first option to …

M. NAGA VENKATA LAKSHMIversusVISAKHAPA TNAM MUNICIPAL CORPN. AND ANR.

2007 INSC 944Disposed off

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 …

SYNDICATE BANKversusESTATE OFFICER & MANAGER, A.P.I.I.C. LTD. & ORS.

2007 INSC 885Matter referred to larger bench

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

RAMCHANDRA SAKHARAM MAHAJANversusDAMODAR TRIMBAK TANKSALE (D) AND ORS.

2007 INSC 732Disposed off

Ramchandra Sakharm Mahajan filed a suit for declaration of joint title with defendants 10‑13 and for recovery of possession of a portion of land against defendants 1‑9, relying on a lease deed dated 21‑July‑1875. The trial court dismissed the suit, refusing to allow a belated amendment of the plaint …

M/S. KAMAKSHI BUILDERSversusM/.S. AMBEDKAR EDUCATIONAL SOCIETY AND ORS.

2007 INSC 637Appeal(s) allowed

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 …

NARAIN PRASAD AGGARWAL (D) BY LRS.versusSTATE OF M.P.

2007 INSC 642Disposed off

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 …

S. RATHINAM@ KUPPAMUTHU AND ORS.versusL.S. MARIAPPAN AND ORS.

2007 INSC 650Dismissed

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 …

BENGA BEHERA AND ANR.versusBRAJA KISHORE NANDA AND ORS.

2007 INSC 590Appeal(s) allowed

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 …

V. SHANKARANARAYANA RAO (D) BY LRS. & ORS.versusLEELAVATHY (DEAD) BY LRS. & ORS.

2007 INSC 560Appeal(s) allowed

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 …

TARA CHANDversusSAGARBAI @ CHAIYALIBAI

2007 INSC 541Dismissed

The appellant, a tenant, executed a registered usufructuary mortgage deed with the respondent, the landlord, allowing the appellant to occupy the ground floor in lieu of interest for ten years. After the ten‑year period the respondent filed a suit for redemption and possession, which the trial court …

BINAPANI PAULversusPRATIMA GHOSH AND ORS.

2007 INSC 494Appeal(s) allowed

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

BHARAT PETROLEUM CORPN. LTD.versusMADDULA RATNA VALLI AND ORS.

2007 INSC 498Dismissed

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

V.R. SUDHAKARA RAO AND ORS.versusT.V. KAMESWARI

2007 INSC 434Dismissed

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 …

MANJABAI KRISHNA PATIL (D) BY LRS.versusRAGHUNATH REVAJI PATIL AND ANR.

2007 INSC 176Appeal(s) allowed

The appellants sold land to the respondents by a deed dated 29‑11‑1966, which was registered on 17‑12‑1966. On the same day the respondents executed a separate agreement of reconveyance, promising to return the land after five years upon receipt of the purchase price. The respondents failed to …

LACHHMAN DASSversusJAGAT RAM AND ORS.

2007 INSC 179Appeal(s) allowed

Lachhman Dass, a tenant who had purchased a suit property from Jagat Ram and his wife, challenged a consent decree that granted a pre‑emption right to the daughter of the original owner, who had filed a suit for pre‑emption without impleading Dass. The Supreme Court held that the decree was void …

HARDEV SINGHversusGURMAIL SINGH (DEAD) BY LRS.

2007 INSC 93Dismissed

Harcharan Singh transferred property to his wife Udham Kaur for maintenance. Udham Kaur claimed absolute ownership, which was upheld by the appellate court. During the pendency of her suit, Harcharan Singh sold the land to Gurmail Singh, who took possession. After Udham Kaur's death, Gurmail Singh …

JANARDHANAM PRASADversusRAMDAS

2007 INSC 94Case Partly allowed

Janardhanam Prasad (appellant) entered into a sale agreement with M. Manoharan (defendant No.1) for a piece of land. The same land was later agreed to be sold by the same defendant to Ramdas (respondent No.1) without a fixed time for performance. The respondent paid part consideration but, within 20 …

DHANLAKSHMI AND ORS.versusP. MOHAN AND ORS.

2007 INSC 50Appeal(s) allowed

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 …

S. NAZEER AHMEDversusSTATE BANK OF MYSORE AND ORS.

2007 INSC 34Dismissed

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 …

OFFICIAL TRUSTEE OF WEST BENGALversusSTEPHEN COURT LTD.

2006 INSC 1017Dismissed

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 …

SANJAY VERMAversusMANIK ROY AND ORS.

2006 INSC 979Appeal(s) allowed

The appellant, Sanjay Verma, filed a suit for specific performance of a contract concerning a property in 1991. During the suit's pendency, the property was transferred to the respondents, Manik Roy and Ahilya Jha, without obtaining the court's permission. The respondents sought to be impleaded …

KANSING KALUSING THAKORE AND ORS.versusRABARI MAGANBHAI VASHRAMBHAI AND ORS.

2006 INSC 869Appeal(s) allowed

The Supreme Court examined a public‑interest litigation filed by villagers of Rasana Nana, Gujarat, which challenged the allotment of rehabilitation lands to six original land‑owners whose property had been acquired in 1954 for an agricultural university. The Court held that the writ petition was an …

M/S. HOTEL KINGS AND ORS.versusSARA FARHAN LUKMANI AND ORS.

2006 INSC 805Disposed off

The owners of a plot of land (Hotel Kings) leased the land to a company which assigned the lease to Yashdhir Hotels. The lease deed expressly required monthly rent, but the lessee argued that rent was payable every six months because rates and taxes, payable by the lessee, formed part of the rent. …

VASU DEV SINGH AND ORS.versusUNION OF INDIA AND ORS.

2006 INSC 797Appeal(s) allowed

The appellants, tenants in Chandigarh, challenged a 7 November 2002 notification issued by the Administrator under Section 3 of the East Punjab Urban Rent Restriction Act, 1949, which exempted buildings and rented land with monthly rent exceeding Rs.1500 from the Act's provisions. The High Court had …

GURPREET SINGHversusUNION OF INDIA

2006 INSC 712Reference answered

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 …

M/S BAY BERRY APARTMENTS PVT. LTD. AND ANR.versusSHOBHA AND ORS.

2006 INSC 740

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 …

PABITRA KUMAR ROY AND ANR.versusALITA DSOUZA

2006 INSC 660Appeal(s) allowed

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

GRAM PANCHAYAT, VILL HARIPURAversusTHE COMMISSIONER, FEROZEPUR DIVISION AND ANR.

2006 INSC 620Appeal(s) allowed

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 …

SHRI MEHBOOB ALI AND ORS.versusSMT. HABIBAN

2006 INSC 611Appeal(s) allowed

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, …

TULSI AND ORS.versusCHANDRIKA PRASAD AND ORS.

2006 INSC 544Dismissed

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

JAI NARAIN PARASRAMPURIA (DEAD) AND ORS.versusPUSHPA DEVI SARAF AND ORS.

2006 INSC 552Appeal(s) allowed

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

MRS. VIJAYA SHRIVASTAVAversusM/S. MIRAHUL ENTERPRISES AND ORS.

2006 INSC 451Hearing Adjourned

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 …

STANDARD CHARTERED BANKversusANDHRA BANK FINANCIAL SERVICES LTD. & ORS

2006 INSC 291Appeal(s) allowed

The case concerns the ownership of Rs. 50 crore 9% tax‑free bonds (the "suit bonds") issued by Nuclear Power Corporation Ltd. (NPCL). Andhra Bank Financial Services Ltd. (ABFSL) sold the bonds to Standard Chartered Bank (SCB) on 26‑27 February 1992, and SCB paid consideration and received a Banker's …

M/S. SUNRISE ASSOCIATESversusGOVT. OF NCT OF DELHI AND ORS.

2006 INSC 261Reference answered

The Supreme Court examined whether the sale of lottery tickets falls within the definition of "goods" for the purpose of State sales tax statutes. The Court held that a lottery ticket is merely a token evidencing a chance to win a prize, which constitutes an actionable claim under the Transfer of …

ICICI BANK LTD.versusSIDCO LEATHERS LTD. AND ORS.

2006 INSC 268Appeal(s) allowed

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

N. SRINIVASA RAOversusSPL. COURT UNDER A.P. LAND GRABBING (PROHIBITION) ACT AND ORS.

2006 INSC 171Disposed off

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

PRABHAKARAN AND ORS.versusM. AZHAGIRIPILLAI (DEAD) BY LRS. AND ORS.

2006 INSC 155Appeal(s) allowed

The plaintiffs, heirs of the original mortgagor, sued the heirs of the mortgagee for redemption of a usufructuary mortgage dated 7 September 1935 and for an account of income. The mortgagee had assigned the mortgage to an assignee on 12 February 1954, and the plaintiffs argued that this assignment …

BISHWANATH PRASAD SINGHversusRAJENDRA PRASAD AND ANR.

2006 INSC 115Appeal(s) allowed

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

KISHORE KUMAR KHAITAN AND ANR.versusPRAVEEN KUMAR SINGH

2006 INSC 79Appeal(s) allowed

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 …

PHILOMINA JOSEversusFEDERAL BANK LTD. AND ORS.

2006 INSC 57Appeal(s) allowed

The appellants, Philomina Jose and others, sought to exercise their right of redemption under Order 34 Rule 5 of the Code of Civil Procedure (CPC) after sale decrees were passed in 1985 and 1989. The Kerala High Court dismissed their petitions, holding that the mortgage debt merged into the sale …

STATE OF KARNATAKA AND ANR.versusSHREYAS PAPERS PVT. LTD. AND ORS

2006 INSC 15Dismissed

The State of Karnataka appealed against Shreyas Papers Pvt. Ltd., which had purchased the land, building, plant and machinery of a defaulting company after the Karnataka State Industrial Investment and Development Corporation took over those assets under the State Financial Corporation Act. The …

HARBANSversusOM PRAKASH AND ORS.

2005 INSC 560Dismissed

Harbans (plaintiff) and co‑defendants claimed ownership of a suit land on the basis that a usufructuary mortgage created over a century ago had become extinguished because the statutory limitation period for redemption (60 years) had expired. The defendant, Om Prakash, asserted that he had redeemed …

RAMLAL AND ANR.versusPHAGUA AND ORS.

2005 INSC 507Dismissed

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 …

CHENNAMMALversusMUNLMALALYAN AND ORS.

2005 INSC 508Dismissed

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 …

M/S. TCI FINANCE LTD.versusCALCUTTA MEDICAL CENTRE LTD. AND ANR.

2005 INSC 443Appeal(s) allowed

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

DEVA SAHAYAM (D) BY LRS.versusP. SAVITHRAMMA AND ORS.

2005 INSC 424Case Partly allowed

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 …

ASHUTOSHversusSTATE OF RAJASTHAN AND ORS.

2005 INSC 390Disposed off

A decree for a construction work claim was passed against the State of Rajasthan and the partnership firm Sharma & Co. The State recovered the decree amount and sought execution against the firm’s securities, including a house owned by partner Smt. Dhanwanti Devi, who had earlier executed a will …

RAMBHAU NAMDEO GAJREversusNARAYAN BAPUJI DHOTRA (DEAD) THROUGH LRS.

2005 INSC 384Dismissed

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

SHANTI PRASAD DEVI AND ANR.versusSHANKAR MAHTO AND ORS.

2005 INSC 285Dismissed

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 …

PRAMOD KUMAR JAISWAL AND ORS.versusBIBI HUSN BANO AND ORS.

2005 INSC 246Dismissed

The appellants, tenants of a building, argued that having acquired the rights of some co‑owner landlords in 1988 extinguished their lease under the doctrine of merger, invoking Section 111(d) of the Transfer of Property Act, 1882, and therefore the order directing them to deposit fair rent under the …

HANS RAJ BANGAversusRAM CHANDER AGGARWAL

2005 INSC 242Appeal(s) allowed

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

KOKILAMBAL AND ORS.versusN. RAMAN

2005 INSC 226Appeal(s) allowed

Kokilambal, a Hindu widow with no issue, executed two settlement deeds in 1963‑64 granting her nephew Varadan a life usufruct and an absolute interest after her death. Varadan died in 1979 before Kokilambal, who then revoked the deeds and executed a fresh settlement in favour of Babu and Shanthi. …

AMIT KUMAR SHAW AND ANR.versusFARIDA KHATOON AND ANR.

2005 INSC 202Appeal(s) allowed

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 …

UMABAI AND ANR.versusNILKANTH DHONDIBA CHAVAN BY LRS. AND ANR.

2005 INSC 203Appeal(s) allowed

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 …

ACHAL MISRAversusRAMA SHANKER SINGH AND ORS.

2005 INSC 196Appeal(s) allowed

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 …

SMT. CLAUDE-LILA PARULEKARversusM/S. SAKAL PAPERS PVT. LTD. AND ORS.

2005 INSC 159Disposed off

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 …

CHARANJIT LAL MEHRA AND ORS.versusSMT. KAMAL SAROJ MAHAJAN AND ANR.

2005 INSC 134Dismissed

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 …

VITHALBHAI PVT. LTD.versusUNION OF INDIA

2005 INSC 135Appeal(s) allowed

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 …

REKHA MUKHERJEEversusASHIS KUMAR DAS AND ORS.

2005 INSC 115Appeal(s) allowed

Rekha Mukherjee, the owner of a property, filed a title suit for eviction against Ashis Kumar Das and others. The respondents filed a suit for specific performance of three sale agreements, which the appellant later cancelled; the trial court dismissed the specific‑performance suit. The respondents …

PAPILA BAIversusCHAVDAS T. BHORTAKKE (DEAD) BY LRS. AND ORS.

2005 INSC 20Dismissed

The appellant, daughter of the original landowner, sought redemption of a mortgage executed in 1941. The mortgagee had inducted a tenant, who was entered in revenue records and later received a certificate under s.88C of the Bombay Tenancy and Agricultural Lands Act, 1948. After redemption, the …

M/S. ATMA RAM PROPERTIES (P) LTD.versusM/S. FEDERAL MOTORS PVT. LTD.

2004 INSC 708Appeal(s) allowed

The landlord, Mis. Atma Ram Properties (P) Ltd., filed an eviction suit under the Delhi Rent Control Act alleging illegal sub‑letting by the tenant, Mis. Federal Motors Pvt. Ltd. The Rent Controller ordered eviction, which the tenant appealed to the Rent Control Tribunal under Section 38. The …

BHARAT PETROLEUM LTD. AND ANR.versusN.R. VAIRAMANI AND ANR.

2004 INSC 569Appeal(s) allowed

Bharat Petroleum Ltd occupied a premises under a lease that expired in 1978 and sought an extension, which the landlord refused. The landlord filed a writ petition for eviction, which the High Court allowed on the basis of Hindustan Petroleum v. Dolly Das, ignoring the tenant's rights under the …

STATE OF HIMACHAL PRADESH AND ORS.versusM/S. SHIVALIK AGRO POLY PRODUCTS AND ORS.

2004 INSC 520Appeal(s) allowed

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 …

SMT. SUDHA RANI GARGversusSRI JAGDISH KUMAR (DEAD) AND ORS.

2004 INSC 504Dismissed

Landlords filed a suit for ejectment against Smt. Sudha Rani Garg under Section 106 of the Transfer of Property Act, claiming the tenancy was at will. The tenants contended that the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 applied, which provides a ten‑year …

CANBANK FINANCIAL SERVICES LTD.versusTHE CUSTODIAN AND ORS.

2004 INSC 494Appeal(s) allowed

Canbank Financial Services Ltd., a subsidiary of Canara Bank, purchased CANCIGO units worth Rs 33 crore from a stock broker (Respondent 2) who had applied for the units through two other banks (Respondents 3 and 4) that held the certificates in their names but transferred possession to the broker. …

SRI INDER SAIN BEDI (DEAD) BY LRS.versusM/S. CHOPRA ELECTRICALS

2004 INSC 484Appeal(s) allowed

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

M/S. MAHENDRA SAREE EMPORIUMversusG.V. SRINIVASA MURTHY

2004 INSC 482Appeal(s) allowed

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

HPA INTERNATIONALversusBHAGWANDAS FATEH CHAND DASWANI AND ORS.

2004 INSC 395Dismissed

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 …

M/S. T.T.G. INDUSTRIES LTD., MADRASversusCOLLECTOR OF CENTRAL EXCISE, RAIPUR

2004 INSC 379Appeal(s) allowed

T.T.G. Industries Ltd. entered into a contract with Bhilai Steel Plant to design, supply, and erect hydraulic mudguns and tap‑hole drilling machines. Components were imported and some were manufactured at its Chennai factory, then shipped to the steel plant where they were assembled on a concrete …

GAJRAJ JAINversusSTATE OF BIHAR AND ORS.

2004 INSC 380Leave Granted & Allowed

The appellant, Gajraj Jain, a director of Mis Katihar Flour Mills, challenged the sale of the company's flour mill assets by Bihar State Credit and Investment Corporation Ltd (BICICO) to Stichworth Exports Pvt Ltd. BICICO, as the first charge holder under the State Financial Corporation Act, 1951, …

SUBBEGOWDA (DEAD) BY LR.versusTHIMMEGOWDA (DEAD) BY LRS.

2004 INSC 277Dismissed

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 …

TAMIL NADU KALYANA MANDAPAM ASSN.versusUNION OF INDIA AND ORS.

2004 INSC 269Dismissed

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 …

RAICHURMATHAM PRABHAKAR AND ANR.versusRAWATMAL DUGAR

2004 INSC 258Dismissed

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 …

MARDIA CHEMICALS LTD. ETC. ETC.versusUNION OF INDIA AND ORS. ETC. ETC.

2004 INSC 244Case Partly allowed

The Supreme Court examined the constitutionality of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, enacted to facilitate speedy recovery of non‑performing assets. The Court held that the Act is valid and serves a public‑interest goal of …

BHARAT PETROLEUM CORPORATION LTD.versusP. KESAVAN AND ANR.

2004 INSC 228Appeal(s) allowed

Bharat Petroleum Corporation Ltd. (BPC) sought renewal of a lease originally granted to Burmah Shell in 1967, which contained a renewal clause. The Burmah Shell (Acquisition of Undertakings) Act, 1976 transferred Burmah Shell's rights to the Central Government and subsequently to BPC, creating a …

KIRAN TANDONversusALLAHABAD DEVELOPMENT AUTHORITY AND ANR.

2004 INSC 199

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

C.M. BEENA AND ANR.versusP.N. RAMACHANDRA RAO

2004 INSC 194Appeal(s) allowed

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

RAJ KUMARversusSARDARI LAL

2004 INSC 41Dismissed

During a suit concerning an immovable property, respondents 2 and 3 sold the suit property to respondent 4, who was unaware of the pending litigation. An ex‑parte decree was later passed against respondents 2 and 3. Respondent 4 filed an application under Order 9 Rule 13 CPC to set aside the decree …

FOOD CORPORATION OF INDIA AND ORS.versusM/S. BABULAL AGRAWAL

2004 INSC 13

The Food Corporation of India (FCI) invited tenders to hire plinths for grain storage and awarded the contract to Mis. Babulal Agrawal, who constructed the plinths and handed them over on 24‑Jan‑1987. The agreement provided that FCI would lease the plinths for three years (extendable by one year) …

VIDEOCON PROPERTIES LTD.versusDR. BHALCHANDRA LABORATORIES AND ORS.

2003 INSC 744Appeal(s) allowed

Videocon Properties Ltd. entered into a sale agreement with Dr. Bhalchandra Laboratories, paying Rs 38 lakhs as "deposit or earnest money". The sellers failed to fulfil their obligations, prompting Videocon to terminate the contract and demand a refund with 21% interest as per Clause 2.3. The …

F.M. DEVARU GANAPATI BHATversusPRABHAKAR GANAPATHI BHAT

2003 INSC 748Dismissed

Mahadevi, the donor, executed a gift deed in 1947 transferring ancestral property to her nephew (the appellant) and stipulating that any male children later born to his parents would become joint holders. At the time of execution the appellant was a minor and the respondent (the younger brother) was …

HARISHCHANDRA HEGDEversusSTATE OF KARNATAKA AND ORS.

2003 INSC 738Dismissed

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 …

SHYAM SINGHversusDARYAO SINGH (DEAD) BY LRS. AND ORS.

2003 INSC 649Appeal(s) allowed

Shyam Singh filed a suit for specific performance of a 1971 agreement of repurchase of land against Daryao Singh (deceased) and other respondents. The trial court and appellate courts dismissed the suit, holding that the right of repurchase was a personal right of the original sellers (defendants …

REKHA MUKHERJEEversusASHISH KUMAR DAS AND ANR.

2003 INSC 637Appeal(s) allowed

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 …

HINDUSTAN LEVER AND ANR.versusSTATE OF MAHARASHTRA AND ANR.

2003 INSC 644Dismissed

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 …

BIBI ZUBAIDA KHATOONversusNABI HASSAN SAHEB AND ANR.

2003 INSC 608Dismissed

Bibi Zubaida Khatun purchased the suit property in 1996 during the pendency of two cross‑suits (one for redemption of mortgage and another for specific performance) without obtaining leave of the court as required by Section 52 of the Transfer of Property Act. She filed three applications seeking …

STATE OF U.P. AND ORS.versusLALJI TANDON (DEAD) THROUGH LRS.

2003 INSC 594Dismissed

The State of Uttar Pradesh leased a 5‑acre government parcel for 50 years in 1887 with a covenant allowing the lessee to renew for another 50 years. The original lessee transferred his interest to Lalji Tandon, who, as assignee, exercised the renewal option and obtained a fresh lease on 20‑Feb‑1945 …

BABU PARASU KAIKADI (DEAD) BY LRS.versusBABU (DEAD) THROUGH LRS.

2003 INSC 572Appeal(s) allowed

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

DALIP SINGH AND ORS.versusSIKH GURDWARA PRABHANDAK COMMITTEE AND ORS.

2003 INSC 550Dismissed

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 …

M. RANGASAMYversusRENGAMMAL AND ORS.

2003 INSC 416Appeal(s) allowed

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

STATE OF MAHARASHTRA AND ANR.versusB.E. BILLIMORIA AND ORS.

2003 INSC 393Appeal(s) allowed

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 …

CHANDY VARGHESE AND ORS.versusK. ABDUL KHADER AND ORS.

2003 INSC 376Dismissed

The Supreme Court examined an appeal by the successors‑in‑interest of Chandy, who claimed that they held a lease of land on which a saw‑mill shed had been erected before 20 May 1967 and therefore were protected from eviction under Section 106 of the Kerala Land Reforms Act, 1963. The lower courts …

SHEIKH NOOR AND ANR.versusSHEIKH G.S. IBRAHIM (DEAD) BY LRS.

2003 INSC 364Dismissed

The original landlord, Mohammad Yahya, had authorized Fatimabi to collect rent. When municipal taxes remained unpaid, the Municipal Council attached the house and sold it at public auction to Fatimabi, who later transferred the title and the right to recover rent arrears to Sheikh G.S. Ibrahim. The …

JOHN VALLAMATTOM AND ANR.versusUNION OF INDIA

2003 INSC 322Case Allowed

The petitioners, two Christians, challenged Section 118 of the Indian Succession Act, 1925 which barred Christians from bequeathing property for religious or charitable purposes unless a will was executed at least twelve months before death and deposited as prescribed. They argued that the provision …

RAMESH CHAND ARDAWATIYAversusANIL PANJWANI

2003 INSC 276Case Partly allowed

Anil Panjwani purchased a vacant plot from Shri Niwas Vaidhya under a sale agreement dated 1‑Dec‑1985 and took possession, erecting a boundary wall. The defendant, R.C. Ardawatiya, later attempted to erect a hut on the plot. Panjwani sued for declaration of title, restoration of possession and …

PARWATI BAIversusRADHIKA

2003 INSC 272Appeal(s) allowed

The appellant, a lessee of a non‑residential municipal premises, sub‑let the property to the respondent and later served a notice under Section 106 of the Transfer of Property Act to terminate the tenancy for non‑payment of rent and self‑occupation. The respondent filed an eviction suit which was …

T. LAKSHMIPATHI AND ORS.versusP. NITHYANANDA REDDY AND ORS.

2003 INSC 196Dismissed

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

D.S. PARVATHAMMAversusA. SRINIVASAN

2003 INSC 198Dismissed

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

INTERNATIONAL COACH BUILDERS LTD.versusKARNATAKA STATE FINANCIAL CORPN.

2003 INSC 147Disposed off

The Supreme Court examined whether State Financial Corporations (SFCs) could exercise their statutory power under Section 29 of the State Financial Corporation Act, 1951 to sell mortgaged assets of a company that had been ordered to be wound up, without involving the Company Court. The Court held …

BONDAR SINGH AND ORS.versusNIHAL SINGH AND ORS.

2003 INSC 141Dismissed

The plaintiffs claimed ownership of land by adverse possession, relying on an unstamped, unregistered sale deed dated 9 May 1931. The defendants denied the deed, asserted they had regained possession in 1957‑58, and pleaded that the plaintiffs were merely sub‑tenants (shikmi). The High Court, on …

THAKUR PRASAD (DEAD) THROUGH LRS.versusRAJ KARAN (DEAD) BY LRS. AND ORS.

2003 INSC 143Appeal(s) allowed

The case concerned a suit land in the former Banaras State that had been granted rent‑free (Krishnarpan) and later mortgaged by the mortgagors, who subsequently sold one‑sixth of the land to the mortgagees and the rest to other purchasers. After the Uttar Pradesh Zamindari Abolition and Land Reforms …

SARWAN KUMAR AND ANR.versusMADAN LAL AGGARWAL

2003 INSC 68Appeal(s) allowed

The appellants, Sarwan Kumar and another, were heirs of a commercial tenant in a premises governed by the Delhi Rent Control Act, 1958. The landlord, Madan Lal Aggarwal, obtained an ex‑parte decree for ejectment and mesne profits from a civil court, which the appellants challenged on the ground that …

RENU DEVIversusMAHENDRA SINGH AND ORS.

2003 INSC 57Appeal(s) allowed

The case involved a partition suit of a joint Hindu family where a compromise decree dated 13‑Feb‑1978 allocated specific parcels of land to each party by metes and bounds, but it was not engrossed on stamp paper. A later decree dated 24‑May‑1979, executed on stamp paper, merely reproduced the …

R.D. GOYAL AND ANR.versusRELIANCE INDUSTRIES LTD.

2002 INSC 477Dismissed

The appellants R.D. Goyal and others challenged the MRTP Commission’s finding that the issue of equity shares linked with redeemable non‑convertible debentures, before allotment, did not constitute "goods" under Section 2(e) of the Monopolies and Restrictive Trade Practices Act, 1969. They argued …

SRILEKHA GHOSH (ROY) AND ANR.versusPARTHA SARATHI GHOSH

2002 INSC 294Disposed off

The case involved a dwelling house inherited by a brother (respondent) and his two sisters (appellants) who had received their shares by gift from their mother. The sisters filed a partition suit; during the proceedings the younger sister married and the brother sought to pre‑empt her share under …

NALAKATH SAINUDDINversusKOORIKADAN SULAIMAN

2002 INSC 284Case Partly allowed

The tenant, Nalakath Sainuddin, held a single tenancy over a shop with two doors and sublet one door to Koorikadan Sulaiman, who later purchased the entire property from the original owners. The landlord filed an eviction suit invoking three grounds under the Kerala Buildings (Lease and Rent …

THE CORPORATION OF CALICUTversusK. SREENIVASAN

2002 INSC 259Appeal(s) allowed

The Kerala Corporation of Calicut owned a building that it let to K. Sreenivasan as a licensee for a lodging house and restaurant. When Sreenivasan defaulted on the licence fee, the licence was terminated on 13 January 1989, but he continued to occupy the premises. The Estate Officer, under the …

RAKESH WADHAWAN AND ORS.versusM/S. JAGDAMBA INDUSTRIAL CORPORATION AND ORS.

2002 INSC 233Appeal(s) allowed

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

LALIT KUMAR JAIN AND ANR.versusJAIPUR TRADERS CORPORATION PVT. LTD.

2002 INSC 229Appeal(s) allowed

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

RATAN LAL JAIN AND ORS.versusUMA SHANKAR VYAS AND ORS.

2002 INSC 57Dismissed

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

RAGHURAM RAO AND ORS.versusERIC P. MATHIAS AND ORS.

2002 INSC 58Appeal(s) allowed

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

MOOL CHAND BAKHRU AND ANR.versusROHAN AND ORS.

2002 INSC 54Appeal(s) allowed

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

VASHU DEOversusBAL KISHAN

2002 INSC 18Dismissed

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 …

SHASHI KAPILAversusR.P.ASHWIN

2001 INSC 567Disposed off

The landlord sought eviction of a long‑term tenant under Section 21(1) of the Karnataka Rent Control Act, claiming bona‑fide need for occupation and rent arrears. The tenant argued that the landlord had entered into a sale agreement with a partnership firm of which the tenant was a partner, invoking …

SUGARBAI M. SIDDIQ AND ORS.versusRAMESH S. HANKARE (D) BY LRS.

2001 INSC 467Appeal(s) allowed

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

LAXMIDAS BAPUDASS DARBAR AND ANR.versusSMT. RUDRAVVA ORS.

2001 INSC 396Appeal(s) allowed

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

COMMISSIONER OF INCOME TAX, JAIPURversusSIREHMAL NAWALAKHA

2001 INSC 372Appeal(s) allowed

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 …

N. KAMALAM (DEAD) AND ANR.versusAYYASAMY AND ANR.

2001 INSC 341Dismissed

The appellants filed a partition suit claiming title to a half of a property based on a will executed by Masane Gowder in favour of two sisters. The respondents contested the will, arguing that the property was joint family property and that the will was not properly attested. The trial court held …

KEWAL CHAND MIMANI (D) BY LRSversusS.K. SEN AND ORS.

2001 INSC 302Dismissed

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

M/S. ATUL CASTINGS LTD.versusBAWA GURVACHAN SINGH

2001 INSC 222Appeal(s) allowed

Atul Castings Ltd., the tenant, occupied a building leased for residential purposes and kept an office table and equipment in one room to dispose of office files, which the family also used for study. The landlord filed an eviction petition under Section 13(2)(ii)(b) of the East Punjab Urban Rent …

SAMIR MUKHERJEEversusDAVINDER K. BAJAJ AND ORS.

2001 INSC 218Dismissed

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 …

PURAN CHAND (D) THROUGH LRS. AND ORS.versusKIRPAL SINGH (D) AND ORS.

2000 INSC 607Directions issued

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, …

VANNATTANKANDY IBRAYIversusKUNHABDULLA HAJEE

2000 INSC 597Dismissed

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 …

HAMZABI AND ORS.versusSYED KARIMUDDIN AND ORS.

2000 INSC 548Appeal(s) allowed

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

ISHWAR SWAROOP SHARMAversusJAGMOHAN LAL

2000 INSC 541Dismissed

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