Property Law - The Legal Chamber

Supreme Court Rules on Loan Disguised as Property Deal, Protects Homeowner from Forced Sale

6Sep

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Rules on Loan Disguised as Property Deal, Protects Homeowner from Forced Sale

The Supreme Court held that the plaintiff failed to prove the existence of a valid sale agreement, a prerequisite for specific performance under Man Kaur v. Hartar Singh Sangha. The burden of proof was not discharged as the sole evidence was self-serving and key witnesses were not examined. The High Court's reversal of concurrent factual findings was erroneous. Facts Of The Case: The respondents (original plaintiffs) filed a suit for specific performance of an alleged sale agreement dated 12.02.1999, claiming the appellant (defendant) had agreed to sell his house for Rs. 70,000. They asserted having paid Rs. 55,000 as advance and taken possession, subsequently renting the property back to the appellant. The appellant contested the suit, denying any agreement to sell. His defense was that...

Supreme Court Upholds Right to Peaceful Protest, Quashes Criminal Case Against Andhra Educationists

28Aug

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Upholds Right to Peaceful Protest, Quashes Criminal Case Against Andhra Educationists

The Supreme Court held that certified copies of municipal documents, duly certified under Section 376 of the Karnataka Municipalities Act, 1964, carry the same evidentiary value as originals. The failure of the Municipal Council to produce original records despite court orders justified drawing an adverse inference, and a registered sale certificate cannot be invalidated by a mere administrative resolution. Facts Of The Case: The dispute concerned two plots, No. 394 and 395, auctioned by the City Municipal Council (CMC). Respondent No. 2, Prabhudeva, purchased plot No. 395 in a 1973 auction, but his 1988 sale deed erroneously mentioned plot No. 394. Upon realizing this mistake, he applied for rectification in 1992. The CMC's Junior Engineer inspected the site and confirmed the error, lea...

Supreme Court Restores Ejectment Decree: ‘ND’ Postal Endorsement Doesn’t Invalidate Notice Under Transfer of Property Act

12Aug

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Restores Ejectment Decree: ‘ND’ Postal Endorsement Doesn’t Invalidate Notice Under Transfer of Property Act

The Supreme Court held that a notice sent via registered post under Section 106 of the Transfer of Property Act, 1882, is deemed served under Section 27 of the General Clauses Act, 1887, even if returned with an "ND" (Not Delivered) endorsement. The High Court erred in setting aside the ejectment decree by ignoring this legal presumption of service. The Trial Court's decree was restored, affirming the landlord's right to evict the tenant for non-payment of rent and other charges. The judgment reinforces the principle that proper dispatch of a registered notice fulfills statutory service requirements unless rebutted. Facts Of The Case: The appellant, Krishna Swaroop Agarwal (since deceased and represented by his legal heir), was the landlord of a property in Hathras, Uttar Pradesh, which ...

Supreme Court Rules: GMADA Not Liable for Homebuyers’ Loan Interest in Delayed Housing Project

16Jun

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Rules: GMADA Not Liable for Homebuyers’ Loan Interest in Delayed Housing Project

The Supreme Court ruled that while consumer commissions can award compensation for deficiency in service, including mental harassment and litigation costs, they cannot award interest on a loan taken by the consumer in addition to the stipulated contractual interest (8% compounded annually) on the refunded amount. The Court emphasized that the awarded interest sufficiently compensates for the deprivation of investment, and awarding interest under multiple heads for the same default is unsustainable. Facts Of The Case: The Greater Mohali Area Development Authority (GMADA) launched a residential scheme called 'Purab Premium Apartments' in 2011. Anupam Garg and Rajiv Kumar (respondents) applied for flats, with Anupam Garg paying an earnest money of ₹5,50,000 for a 2-BHK + Servant Room apar...

Supreme Court : Sale Deeds Executed After Property Power of Attorney Revoked Are Invalid

10Jun

By The Legal ChamberNo Comments

Supreme Court

Supreme Court : Sale Deeds Executed After Property Power of Attorney Revoked Are Invalid

The Supreme Court clarified that an unregistered agreement to sell or power of attorney does not confer title or interest in immovable property. The Court emphasized that property transfer requires a registered deed of conveyance. It also ruled that a plaint cannot be rejected entirely under Order VII Rule 11 CPC if even one distinct cause of action is triable. Facts Of The Case: Vinod Infra Developers Ltd. (appellant) claimed ownership of agricultural land and obtained a loan of Rs. 7.5 crores from Mahaveer Lunia (Respondent No. 1) in May 2014. The appellant's Board of Directors authorized their Managing Director and Respondent No. 1 to sell the property. Subsequently, an unregistered power of attorney and agreement to sell were executed in favor of Respondent No. 1 on May 24, 2014.In A...

Supreme Court Verdict on Ownership and Illegal Possession:Why the Supreme Court Dismissed the Appeal in the Land Dispute Case

24May

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Verdict on Ownership and Illegal Possession:Why the Supreme Court Dismissed the Appeal in the Land Dispute Case

The Supreme Court upheld the eviction order under the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982, ruling that the appellant unlawfully occupied land in Survey No. 9 despite holding a deed for Survey No. 10. The Court emphasized that land grabbing requires illegal possession with intent, distinct from mere trespass, and affirmed the Special Court’s jurisdiction to adjudicate such disputes summarily. The appellant’s claim of adverse possession failed due to lack of hostile animus and proof of long-standing occupation. The judgment reinforced the strict interpretation of land grabbing under the Act, aligning with precedent in Konda Lakshmana Bapuji v. Govt. of A.P. (2002). Facts Of The Case: The case involved a dispute over 252 square yards of land in Survey No. 9 of Saroornagar V...