Property Rights - The Legal Chamber

Supreme Court Rules: You Can’t Claim Adverse Possession for the First Time on Appeal

9Sep

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Rules: You Can’t Claim Adverse Possession for the First Time on Appeal

The Supreme Court reaffirmed that a plea of title by adverse possession cannot be raised for the first time at the appellate stage if it was not specifically pleaded in the plaint, framed as an issue, and proven during trial. Such a surprise claim prejudices the opposite party and is impermissible as a decision must be based on the case pleaded. Facts Of The Case: The case originated from a title suit filed in 1999 by the plaintiffs (Kishundeo Rout & Ors.) against the defendants (Govind Rao & Ors.). The plaintiffs sought a declaration that a 1997 sale deed executed by the original plaintiff, Sudama Devi, in favour of the defendants was bogus, inoperative, and fit for cancellation. They also prayed for confirmation of their possession and a permanent injunction again...

Supreme Court Slams Fraudulent Litigation, Nullifies Compensation Order in Land Dispute

18Aug

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Slams Fraudulent Litigation, Nullifies Compensation Order in Land Dispute

The Supreme Court held that judicial orders obtained through fraud are null and void, as "fraud unravels everything." It emphasized that suppression of material facts vitiates proceedings, regardless of the court's hierarchy. The doctrine of merger does not apply to fraudulent judgments. The Court recalled its earlier order and remanded the case to the High Court for fresh adjudication, affirming that fraud is an exception to finality in litigation. Procedural technicalities cannot shield fraudulent litigants from judicial scrutiny. Facts Of The Case: The case involves a dispute over land ownership and compensation between Vishnu Vardhan, Reddy Veeranna, and T. Sudhakar. The trio jointly purchased land in Gautam Budh Nagar, Uttar Pradesh, in 1997, which was later acquired by NOIDA in 200...

Supreme Court Rules on Oral Family Arrangement: Legal Heirs Can’t Overturn Registered Will

16Aug

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Rules on Oral Family Arrangement: Legal Heirs Can’t Overturn Registered Will

The Supreme Court upheld the validity of a registered Will executed by Metpalli Rajanna, recognizing its presumption of genuineness under law. The Court ruled that the burden to disprove the Will lay on the contesting party, which was not discharged. It emphasized that the oral family settlement, supported by possession and revenue records, further validated the Will's distribution of properties. The trial court's decree granting absolute rights to the plaintiff under the Will was restored, overturning the High Court's interference. The judgment reaffirmed the sanctity of registered Wills and family arrangements in property disputes. Facts Of The Case: The case involved a dispute over 4 acres and 16 guntas of land in Dasnapur village between the legal heirs of Metpalli Rajanna. Rajanna, ...

Landmark Judgment: Supreme Court Orders Eviction of Bidder Who Failed to Pay for 3 Decades

16Aug

By The Legal ChamberNo Comments

Supreme Court

Landmark Judgment: Supreme Court Orders Eviction of Bidder Who Failed to Pay for 3 Decades

The Supreme Court upheld the Tamil Nadu Housing Board's cancellation of allotment due to the respondent's chronic default in payment over decades. The Court emphasized that public property must be managed transparently and in the public interest, rejecting the respondent's claims. It ruled that prolonged non-payment justified eviction, denying further indulgence and ordering possession to be surrendered within four months. The judgment reinforced that contractual obligations must be honored and that courts cannot indefinitely protect defaulters at the cost of public welfare. Facts Of The Case: In 1986, the Tamil Nadu Housing Board auctioned a prime commercial plot in Chennai, with S. Ganesan emerging as the highest bidder at ₹4,78,921. Despite the Board's acceptance of his bid, Gan...

Supreme Court Upholds Specific Performance: Land Sale Agreement Enforced After 24 Years

8Aug

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Upholds Specific Performance: Land Sale Agreement Enforced After 24 Years

The Supreme Court upheld the decree for specific performance of a 2001 land sale agreement, ruling that the plaintiffs proved readiness and willingness under the Specific Relief Act, 1963. It nullified subsequent fraudulent sales under Section 52 of the Transfer of Property Act (lis pendens) and affirmed the court’s power to grant possession under Section 22 despite omitted pleadings. The judgment emphasized that mere price escalation cannot deny equitable relief and imposed an additional ₹25 lakh payment to balance interests. Collusive transactions were declared void, reinforcing protections against pendente lite transfers. Facts Of The Case: In 2001, Krishan Gopal (appellant) agreed to sell 9 acres of agricultural land in Punjab to Gurmeet Kaur and her two sons for ₹10 lakh under an Ag...

Supreme Court : No More Delays! High Court Must Decide Property Dispute in 6 Months

10Jun

By The Legal ChamberNo Comments

Supreme Court

Supreme Court : No More Delays! High Court Must Decide Property Dispute in 6 Months

The Supreme Court allowed the appeal, setting aside the High Court's second remand order for de-novo disposal, finding it erroneous given the possibility of deciding the appeal based on the interpretation of existing documents (sale deed, conveyance deed, and settlement deed). The Court directed the High Court to decide the appeal on its merits expeditiously within six months. Facts Of The Case: This appeal challenges a judgment from the High Court of Kerala, which set aside a trial court's dismissal of a suit and remanded the matter for de-novo disposal. The dispute concerns 9 cents of land in Poomthura Village, Ernakulam. The appellant's father executed a sale deed in 1955 for "Verumpattom Rights" over land in Survey No. 1236. Later, in 1964, he executed a conveyance deed for "Jenmam ...