Landmark Supreme Court of India rulings, explained in clear, plain language.
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Can heirs claim possession based on an Agreement to Sell when a registered sale deed exists?
Smt. Rano Singh and Others vs. Sh. Gurbax Singh (D) Th LRs and Others
The Supreme Court dismissed the appeal holding that a suit for possession based only on an Agreement to Sell, filed decades after limitation expired and without seeking cancellation of a registered sale deed, is not maintainable.
Can a court try limitation as a preliminary issue after trial has begun?
John Mathew vs Santha Paul & Ors.
The Supreme Court held that Order XIV Rule 2(2) cannot be used to try limitation as a preliminary issue after trial of all issues has already commenced, and restored the suit for fresh trial on merits.
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