Supreme Court of India Judgements

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Category: Property Matters

Property Matters Transfer Of Property Act

Transfer of Property Act, 1882 – Sections 105, 106, 107 and 108 – Registration Act, 1908 – Sections 17 and 49 – Unregistered deed of lease for immovable property – In the absence of a registered instrument, the courts are not precluded from determining the factum of tenancy from other evidence on record as well as the purpose of tenancy In the present case, factum of creation of tenancy has been established – But the purpose of tenancy, so as to attract the six months’ notice period under Section 106 of the 1882 Act cannot be established by such evidence as in such a situation, registration of the deed would have been mandatory

Jul 28, 2025 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S PAUL RUBBER INDUSTRIES PRIVATE LIMITED — Appellant Vs. AMIT CHAND MITRA AND ANOTHER — Respondent ( Before : Aniruddha Bose and Vikram Nath,…

C P C Property Matters Transfer Of Property Act

Transfer of Property Act, 1882 — Section 106 — Notice terminating tenancy — Service by registered post — Return with endorsement “ND” (Not Delivered) — General Clauses Act, 1897 — Section 27 — Deemed service — High Court set aside ejectment decree solely on ground of “ND” endorsement, misinterpreting deemed service provisions — Supreme Court held High Court erred in not considering Section 27 of GC Act regarding deemed service by registered post.

Jul 20, 2025 sclaw

2025 INSC 859 SUPREME COURT OF INDIA DIVISION BENCH KRISHNA SWAROOP AGARWAL (DEAD) THR. LR. Vs. ARVIND KUMAR ( Before : Sanjay Karol and Joymalya Bagchi, JJ. ) Civil Appeal…

Property Matters

Partition Suit – The dispute involves partition of properties left by Late ‘R’ with the main contention over roof rights of a property in Kota and another in Jaipur – The primary issue is the valuation of roof rights for further construction and the equal distribution of property among co-sharers – The appellants argue that the valuation report failed to assess the value of roof rights, which would affect the overall property valuation and entitlement of co-sharers – The respondents maintain that the property valuation and shares were appropriately determined by the approved Valuer and upheld by both the Trial Court and High Court – The Supreme Court dismissed the appeal, finding no merit in revaluating the property or altering the determined shares of the parties – The Court emphasized the importance of family ties over property disputes and suggested alternative dispute resolution methods for amicable settlements – The Court referenced the case of Afcons Infrastructure Limited vs. Cherian Varkey Construction Company Private Limited, advocating for ADR in family-related property disputes – The Supreme Court concluded that revisiting the valuation and partition would only prolong litigation and upheld the decisions of the lower courts.

May 5, 2024 sclaw

2024 INSC 372 SUPREME COURT OF INDIA DIVISION BENCH MAHENDRA NATH SORAL AND ANOTHER — Appellant Vs. RAVINDRA NATH SORAL AND OTHERS — Respondent ( Before : Rajesh Bindal and…

Joint Family Property Matrimonial Property Matters

Suit for Partition – The Court found that ‘C’ remarriage extinguished her rights to her first husband’s property, and she could not pass on any title to the plaintiff – The Court applied the Hindu Widow’s Remarriage Act, 1856, and relevant case law to determine the impact of Chiruthey’s remarriage on her property rights – The Supreme Court concluded that the plaintiff could not inherit the property through ‘C’, as her rights were nullified upon remarriage, and the deeds did not confer valid title.

Apr 14, 2024 sclaw

2024 INSC 287 SUPREME COURT OF INDIA DIVISION BENCH KIZHAKKE VATTAKANDIYIL MADHAVAN (DEAD) THR. LRS. — Appellant Vs. THIYYURKUNNATH MEETHAL JANAKI AND OTHERS — Respondent ( Before : Aniruddha Bose…

Property Matters

“Family Feud Over Property: Kamla Nagar Goes to One Side, Malcha Marg to the Other” – The court analyzed the Registration Act’s requirements for documenting transfers of property rights and concluded that the lack of registration indicated no settlement existed – The Supreme Court set aside the High Court’s judgment regarding the Kamla Nagar property, restoring the Trial Court’s decision and confirming the appellants’ sole ownership – The decision regarding the Malcha Marg property was upheld, leaving it exclusively to the respondents.

Mar 25, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH JUGAL KISHORE KHANNA(D) THR LRS AND ANOTHER — Appellant Vs. SUDHIR KHANNA AND OTHERS — Respondent ( Before : Vikram Nath and Ahsanuddin Amanullah,…

Property Matters

Property Dispute – The case involves disputes over property ownership after the original owner, ‘S’, passed away in 1947 – The Court found no foundation for the plea of adverse possession in the plaintiff’s claim, as the necessary facts were not adequately pleaded or proved – The appeals were dismissed, with the Court upholding the original decrees and granting the appellant time until March 31, 2025, to vacate the property, subject to certain conditions.

Mar 25, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M. RADHESHYAMLAL — Appellant Vs. V SANDHYA AND ANOTHER ETC. — Respondent ( Before : Abhay S. Oka and Ujjal Bhuyan, JJ. ) Civil…

Property Matters

Land Dispute – Appeal Against High Court Order – The appellant challenges the High Court’s decision to quash a resolution for land allocation for a new primary school – The dispute involves land needed for a highway project, leading to the demolition and proposed relocation of a school – Respondents filed multiple writ petitions, with the latest being dismissed due to concealment of previous petitions and lack of notice to parties – The Supreme Court finds the High Court’s order arbitrary and sets it aside, allowing the appeal and the school’s construction on the disputed land.

Mar 12, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SUNEETA DEVI — Appellant Vs. AVINASH AND OTHERS — Respondent ( Before : B.R. Gavai and Sandeep Mehta, JJ. ) Civil Appeal No(s). of…

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C P C

we are of the view that the order of status quo passed by the trial court was justified in the facts and circumstances of the case. We are not entering into the merits of the matter as it may influence the trial court. We, therefore, allow this appeal, set aside the impugned order of the High Court dated 30.06.2022 maintaining the order of the trial court in order to advance justice between the parties.

Jul 28, 2025 sclaw
I P C

Abkari Act, 1077 – Section 8 – Carrying 5 litres of illicit arrack – Conviction based solely on testimony of official witnesses – Delay in investigation – Testimonies of official witnesses can not be discarded simply because independent witnesses were not examined – Mere urging that delay casts a suspicion on the investigation, without any evidence being led in furtherance thereof, cannot be sustained

Jul 28, 2025 sclaw
Property Matters Transfer Of Property Act

Transfer of Property Act, 1882 – Sections 105, 106, 107 and 108 – Registration Act, 1908 – Sections 17 and 49 – Unregistered deed of lease for immovable property – In the absence of a registered instrument, the courts are not precluded from determining the factum of tenancy from other evidence on record as well as the purpose of tenancy In the present case, factum of creation of tenancy has been established – But the purpose of tenancy, so as to attract the six months’ notice period under Section 106 of the 1882 Act cannot be established by such evidence as in such a situation, registration of the deed would have been mandatory

Jul 28, 2025 sclaw
Constitution

Constitution of India, 1950 — Article 32 — Writ jurisdiction — Violation of Fundamental Rights — A writ petition under Article 32 requires a prima facie case of violation or imminent threat of violation of a Fundamental Right, with specific pleadings and prayers for relief. Vague allegations of arbitrariness or violation of natural justice without specific impact on Fundamental Rights are insufficient to maintain the petition.

Jul 28, 2025 sclaw