Showing : 21-30 of 46 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Possession-- Suit for possession on basis of title - Suit property transferred on the basis of power of attorney which was never executed by plaintiff - Held, plaintiff is not required to seek declaration regarding power of attorney and sale deed being null and void because plaintiff is not a party to the said..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Plaintiff filed suit seeking declaration of perfection of title by prescription - Plaintiff, in earlier suit, sought declaration of title on the basis of sale deed, but failed to prove - Held, subsequent suit filed, agitating same issues but on new grounds is hit by the principles..........
JHARKHAND HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Second suit for declaration of title and injunction - Difference in area of land - Held, principle of res judicata has to be applied on the basis of issues decided between parties by proper adjudication by a competent Court - Difference in area of land is not material as the issues..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Adverse possession-- Plaintiff filed simple suit for permanent injunction against State of Punjab - Declaration of title on the basis of adverse possession not sought - Held, in the absence of crucial pleadings regarding adverse possession and in the absence of evidence to substantiate the same, it cannot be said that..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Wakf Act, 1954, Section 5(2)-- Wakf Board filed suit for declaration of title on the basis of notification declaring suit property as Wakf property - Revenue record depicted suit property to be owned by Gram Panchayat and subsequently owned by defendant and in possession of Makbooja Malkan initially - No evidence of creation of..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Limitation Act, 1963, Article 65-- Suit for declaration based on title - Defendants denied title of plaintiff on the basis of decree by which the title passed on to them - Plaintiff could not claim title unless the decree was set aside - Limitation to challenge decree is three years of the passing of the decree or from the date of..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Limitation Act, 1963, Article 65, 66-- Adverse possession - Plaintiff filed suit seeking declaration of title alleging his possession to be 30 years old, continuous, open and hostile to the true owner - Suit dismissed - Held, plea of adverse possession is only available to defendant in defence against plaintiff - Plaintiff cannot seek..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration of title on the basis of adverse possession - Held, declaration cannot be sought with regard to ownership on the basis of adverse possession as plea of adverse possession is available only to a defendant against a plaintiff...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Adverse possession-- Plaintiff cannot seek declaration of title on the basis of adverse possession - Plea of adverse possession is available only to a defendant against a plaintiff...........
ORISSA HIGH COURT
Year of decision: 2010
Details
Specific Relief Act, 1963, Section 34, Succession Act, 1925, Section 213-- Suit for declaration of title on the basis of Will - Suit is not maintainable unless the probate or letters of administration of the Will is obtained...........

Showing : 21-30 of 46 Results