Second Appeal
3 articles
Supreme Court: A Second Appeal Cannot Trade an Upheld Specific Performance Decree for Cash
In Sobaran Singh v. Gordhan Singh, the Supreme Court reversed a High Court order that had upheld a trial court's findings on a decades-old specific performance suit, yet substituted the decreed sale with a large cash payment 'to maintain equity.' The Court restored the original 1979 decree, holding that once the buyer's readiness and willingness stood affirmed and the sale had already been executed through the court in 1979, there was no discretionary room left to convert the transaction into compensation four and a half decades later, particularly where the buyer had been in continuous possession throughout.
13 min readSupreme Court: A Claim of Religious Dedication and a Claim of Adverse Possession Cannot Both Stand
Dismissing an appeal by a Dera's legal representatives, the Supreme Court has held that a party cannot simultaneously claim that land was dedicated to it and that it separately perfected title by adverse possession, and that decades of revenue entries recording rent-free religious possession do not, without more, establish either.
13 min readMutation Is Not Title: Jamnabai v. Vasudev on Revenue Entries, Relinquishment and the Limits of Second Appeal
A name removed from the revenue record in 1990 did not cost a co-owner his share. This case note works through all four issues the Supreme Court decided in Jamnabai v. Vasudev, from Section 117 of the MP Land Revenue Code to the proviso to Section 34 of the Specific Relief Act.
14 min read