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possession

Home - possession - Page 2

partition
Posted inNews

Supreme Court Rules on Delay in Seeking Partition After Possession by Co-owner: “When One Co-sharer Possesses the Whole, Time Starts Running Against the Others”

Court’s Decision The Supreme Court dismissed the appeal and upheld the concurrent findings of the trial court and the High Court, which had rejected the plaintiffs' claim for partition and…
Posted by Rawlaw August 1, 2025
trespassers
Posted inNews

Calcutta High Court Refuses Judgment on Admission in Possession Suit Against Alleged Trespassers: “Adverse Possession Plea Goes to Root of the Case, Precludes Summary Decree”

Court’s Decision The Calcutta High Court dismissed an application under Order XII Rule 6 of the Code of Civil Procedure seeking a judgment on admission in a suit for eviction,…
Posted by Rawlaw July 30, 2025
private property
Posted inNews

Kerala High Court Rules that State Cannot Take Over Private Land Without Title: “A Person in Possession Cannot Be Dispossessed Except in Accordance with Law”

Court’s Decision The Kerala High Court quashed proceedings initiated by revenue authorities for the recovery and resumption of a parcel of land measuring 5.60 Ares, holding that the government could…
Posted by Rawlaw July 26, 2025
breach of natural justice
Posted inNews

Bombay High Court Stays Demolition of Premises Rented to Gamdevi Police Station: “Breach of Natural Justice When Notice Served Only on Owner, Not Tenant in Possession”

Court’s Decision The Bombay High Court stayed the demolition of a building in which the Gamdevi Police Station has been operating for over four decades, observing that the Brihanmumbai Municipal…
Posted by Rawlaw July 24, 2025
sale invalid
Posted inNews

Bombay High Court Declares Sale of Tenanted Property by Society to Third Party Without Tenant’s Consent Invalid: “Tenants cannot be deprived of possession without due process of law”

Court’s Decision The Bombay High Court allowed the writ petition filed by tenants against the sale of their tenanted premises by the Housing Society to a third-party developer without their…
Posted by Rawlaw July 24, 2025
land proceedingd
Posted inNews

Calcutta High Court Holds Land Acquisition Proceedings Did Not Lapse Since Possession Was Taken and Compensation Was Tendered: “Feigned Ignorance Cannot Defeat Conclusive Findings”

Court’s Decision The Calcutta High Court allowed a series of connected appeals and set aside the order of the learned Single Judge which had held that the land acquisition proceedings…
Posted by Rawlaw July 16, 2025
delayed delivery of flat
Posted inNews

Bombay High Court Dismisses Builder’s Challenge to Arbitration Award for Flat Delivery Delay: “No Patent Illegality in Compensation Awarded for Failure to Hand Over Possession within Agreed Timeline”

Court’s Decision The Bombay High Court dismissed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 filed by a real estate developer challenging an arbitral award that…
Posted by Rawlaw June 24, 2025
unregistered exchange deed
Posted inNews

Andhra Pradesh High Court Affirms Admissibility of Unregistered Exchange Deed for Collateral Purposes: “The document is admissible for the limited purpose of showing the nature and character of possession”

Court’s Decision In Review I.A. No. 2 of 2024 in Civil Revision Petition No. 1728 of 2022, the Andhra Pradesh High Court dismissed a review petition seeking to recall its…
Posted by Rawlaw June 20, 2025

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