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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
GAURI GODSE, J
Ramesh Bagaram Mankane – Appellant
Versus
Vasant Dattatray Pawar – Respondent
| Table of Content |
|---|
| 1. substantial question of law framed (Para 4) |
| 2. plaintiffs' ownership and possession (Para 25 , 26 , 27 , 28 , 29 , 30 , 31) |
JUDGMENT :
1. This second appeal is preferred by original defendant nos. 1 and 2 to challenge the concurrent judgments and decrees granting declaration of title of the suit property and injunction restraining the defendants from obstructing the plaintiffs’ possession over the eastern side of suit property shown in green color in the suit map.
3. By an order dated 16thJanuary 2014, the second appeal was admitted on the following substantial question of law:
4. When the second appeal was taken up for final disposal, learned counsel for the appellants submitted that in view of the decision of the Hon’ble Apex Court in the case of Vinodchandra Sakarlal Kapadia Vs. State of Gujarat and others, 2020 AIR (SC) 5138, the aforesaid question of law is no longer res integra. He submitted that as held by the Hon’ble Apex Court, there is a bar under Section 43 of The Maharashtra Tenancy and Agricultural Lands Act, 1948 (‘Tenancy Act’) for testamentary disposition. He thus submits that the question of law framed is not required to be answered by this Court. How
The court affirmed that ownership established through tenancy certificates prevails over claims of possession based on unproven agreements or wills, emphasizing the necessity of fulfilling statutory ....
Suit filed simpliciter for injunction where claim is founded purely to claim protection under Section 53-A of Transfer of Property Act is not maintainable. Such a suitor is not entitled to claim reli....
Agreements for new tenure land lacking collector permission are void under Section 23 of the Indian Contract Act, nullifying claims for specific performance and possession under Section 53(A) of the ....
Point of Law : It is important to note at this juncture that the respondents were also simultaneously claiming to be in possession of the suit property on the basis of their claim of being permanent ....
A claim of title and adverse possession cannot coexist; plaintiffs must establish their title to succeed in a suit for declaration.
Civil Law - Dismissal of suit for permanent injunction and restoration of possession in suit property - provision of order VII, Rule II(b) that a Court has to come to a finding that relief claimed ha....
Possession can be protected under Section 53-A of the Transfer of Property Act without a valid sale, provided necessary conditions are fulfilled.
Possession under Section 53-A of the Transfer of Property Act can be protected against third parties, even without a formal sale deed, if established through credible evidence.
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