Property Law

Supreme Court bars second suit for mesne profits after earlier claim relinquished: Raptakos, Brett & Co. Ltd. vs. Ganesh Property (2017)

LEGAL ISSUE: Whether a second suit for mesne profits is maintainable after the claim for it was relinquished in an earlier suit for possession. CASE TYPE: Civil Law – Property Dispute Case Name: M/s Raptakos, Brett & Co. Ltd. vs. M/s Ganesh Property Judgment Date: 5 September 2017 Introduction Date of the Judgment: 5 September […]

Supreme Court bars second suit for mesne profits after earlier claim relinquished: Raptakos, Brett & Co. Ltd. vs. Ganesh Property (2017) Read Post »

Supreme Court clarifies Section 80 CPC Notice Requirement in Property Dispute: Sant Prasad vs. Kausla Nand Sinha (2017)

LEGAL ISSUE: Whether a notice under Section 80 of the Code of Civil Procedure, 1908 (CPC) is mandatory before instituting a suit against the government. CASE TYPE: Civil Property Dispute Case Name: Sant Prasad vs. Kausla Nand Sinha & Ors. [Judgment Date]: September 01, 2017 Date of the Judgment: September 01, 2017 Citation: Not available

Supreme Court clarifies Section 80 CPC Notice Requirement in Property Dispute: Sant Prasad vs. Kausla Nand Sinha (2017) Read Post »

Supreme Court sets aside lease renewal by Ujjain Development Authority: Ajar Enterprises vs. Satyanarayan Somani (2017) INSC 759

Can a public authority arbitrarily renew a lease of public land, especially when the original purpose of the lease is not being fulfilled? The Supreme Court of India addressed this critical question in a case involving the Ujjain Development Authority (UDA) and Ajar Enterprises Private Limited. The court ultimately set aside the lease renewal, emphasizing

Supreme Court sets aside lease renewal by Ujjain Development Authority: Ajar Enterprises vs. Satyanarayan Somani (2017) INSC 759 Read Post »

Supreme Court grants time to tenant for vacating premises in rent dispute: Khubi Ram vs. Lalit Mohan (27 July 2017)

LEGAL ISSUE: Whether a tenant should be granted additional time to vacate premises due to personal circumstances in a rent dispute. CASE TYPE: Civil (Rent Control). Case Name: Khubi Ram vs. Lalit Mohan. Judgment Date: 27 July 2017 Introduction Date of the Judgment: 27 July 2017 Citation: Not Available Judges: Kurian Joseph, J., R. Banumathi,

Supreme Court grants time to tenant for vacating premises in rent dispute: Khubi Ram vs. Lalit Mohan (27 July 2017) Read Post »

Supreme Court Upholds Landlord’s Bonafide Need, Limits High Court’s Revisional Power in Rent Control Cases (27 July 2017)

LEGAL ISSUE: The scope of revisional jurisdiction of the High Court under Rent Control Acts concerning findings of fact by lower courts. CASE TYPE: Rent Control/Eviction Case Name: Gandhe Vijay Kumar vs. Mulji @ Mulchand [Judgment Date]: 27 July 2017 Introduction Date of the Judgment: 27 July 2017 Citation: Not Available Judges: Kurian Joseph, J.,

Supreme Court Upholds Landlord’s Bonafide Need, Limits High Court’s Revisional Power in Rent Control Cases (27 July 2017) Read Post »

Supreme Court Upholds Eviction on Sub-Tenancy: Ram Murti Devi vs. Pushpa Devi (2017)

LEGAL ISSUE: Whether a tenant had sublet the premises to a third party without the landlord’s consent, thus warranting eviction. CASE TYPE: Landlord-Tenant Dispute, Eviction Case Name: Ram Murti Devi vs. Pushpa Devi and Others Judgment Date: 11 July 2017 Date of the Judgment: 11 July 2017 Citation: (2017) INSC 648 Judges: A.K. Sikri, J.,

Supreme Court Upholds Eviction on Sub-Tenancy: Ram Murti Devi vs. Pushpa Devi (2017) Read Post »

Supreme Court Upholds Landlord’s Title: Tenant Estopped from Denying Ownership in Eviction Case (03 July 2017)

LEGAL ISSUE: Whether a tenant can dispute the landlord’s title during the continuation of tenancy, especially after initially acknowledging it. CASE TYPE: Eviction Law/Property Law Case Name: Jaspal Kaur Cheema and Anr. vs. M/S Industrial Trade Links and Ors. Judgment Date: 03 July 2017 Date of the Judgment: 03 July 2017 Citation: [Not Available in

Supreme Court Upholds Landlord’s Title: Tenant Estopped from Denying Ownership in Eviction Case (03 July 2017) Read Post »

Supreme Court rules on Landlord’s Bona Fide Need and its applicability to Legal Heirs in Property Eviction Cases (2017)

LEGAL ISSUE: Whether the bona fide requirement of a landlord for eviction of a tenant extends to the legal heirs upon the landlord’s death, especially when the family business continues. CASE TYPE: Property Eviction Law. Case Name: Satish Chander Aggarwal (D) By Lrs. vs. Shyam Lal Om Prakash, Arhti and Anr Judgment Date: March 30,

Supreme Court rules on Landlord’s Bona Fide Need and its applicability to Legal Heirs in Property Eviction Cases (2017) Read Post »

Supreme Court Upholds Temple’s Ownership in Land Dispute: Executive Officer, Arulmigu Chokkanatha Swamy Koil Trust vs. Chandran & Ors (2017)

LEGAL ISSUE: Whether the High Court erred in reversing the concurrent findings of the trial court and appellate court regarding the ownership and possession of the suit property. CASE TYPE: Civil Property Dispute Case Name: Executive Officer, Arulmigu Chokkanatha Swamy Koil Trust vs. Chandran & Ors Judgment Date: 10 February 2017 Introduction Date of the

Supreme Court Upholds Temple’s Ownership in Land Dispute: Executive Officer, Arulmigu Chokkanatha Swamy Koil Trust vs. Chandran & Ors (2017) Read Post »

Supreme Court Validates Gift of Undivided Property in Muslim Law: Khursida Begum vs. Mohammad Farooq (2016)

Can a gift of an undivided share of property be valid under Muslim Law? This was the core question before the Supreme Court of India in the case of Khursida Begum (D) By Lrs. & Ors. vs. Mohammad Farooq (D) By Lrs. & Anr. The court examined the validity of a gift deed concerning a

Supreme Court Validates Gift of Undivided Property in Muslim Law: Khursida Begum vs. Mohammad Farooq (2016) Read Post »

Supreme Court Refuses Receiver Appointment in Property Dispute: Satya Pal Anand vs. Punjabi Housing Co-operative Society (2013)

Date of the Judgment: 17 July 2013 Citation: Satya Pal Anand v. Punjabi Housing Co-operative Society & Others, Special Leave Petition(C) No. 13255 of 2012 Judges: P. Sathasivam, J., J. Chelameswar, J. Can a court appoint a receiver for a property when the applicant has already received compensation and a third party is in possession?

Supreme Court Refuses Receiver Appointment in Property Dispute: Satya Pal Anand vs. Punjabi Housing Co-operative Society (2013) Read Post »

Supreme Court clarifies property sale order in Specific Performance Case: Satya Jain vs. Anis Ahmed Rushdie (2013) INSC 371 (8 May 2013)

Date of the Judgment: 8 May 2013 Citation: (2013) INSC 371 Judges: P. Sathasivam, J., Ranjan Gogoi, J. Can a court modify its final order after it has been passed? The Supreme Court addressed this question when it was asked to clarify its earlier order regarding the sale of a property. This case involves a

Supreme Court clarifies property sale order in Specific Performance Case: Satya Jain vs. Anis Ahmed Rushdie (2013) INSC 371 (8 May 2013) Read Post »

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