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Results of declaration suit

Showing : 91-100 of 1352 Results

MADRAS HIGH COURT

Year of decision: 2019
Details

Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Suit property is Government land - Plaintiff claims to be in possession of suit property for more than 40 years - However, no material placed by plaintiff in support of his claim - Plaintiff established his possession and enjoyment of suit property based on police receipt issued in..........

CHHATTISGARH HIGH COURT

Year of decision: 2019
Details

Specific Relief Act, 1963, Section 34 -- Suit for declaration of title and possession - Plea of ownership on basis of Will by defendant - Executor of Will acquiring title over property by adverse possession but no substantiated material is placed on record with regard to that - Hence, where adverse possession of executor of Will is not proved by evidence, defendant..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 21, Rule 97, 98, 101, 103 -- Execution - Objections - Declaration of entitlement to remain in possession in character of lessees - U.O.21.R.97 CPC independent claim can be set up even prior to dispossession - Under O.21.R.101 CPC, all questions have to be adjudicated upon by Court dealing with application and not by a separate suit - Upon..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Limitation Act, 1963, Article 58 -- Limitation - Suit for declaration of ownership - Limitation would not be arrested in case title is asserted on the basis of inheritance...........

ORISSA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of intervenors - Suit for declaration of title and permanent injunction - Intervenors asserting their possession over suit land on the basis of oral gift made by defendant - They have also instituted suit along with plaintiffs against defendant in same Court - Said suit is sub judice - Intervenors are thus, proper..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Specific Relief Act, 1963, Section 34 -- Suit for declaration - Suit as per S.34 Proviso of the Act, can be dismissed only if plaintiffs are entitled to further relief which has not been prayed for - Once plaintiffs were not entitled to any further relief, S.34 Proviso of the Act would have no application...........

MADRAS HIGH COURT

Year of decision: 2019
Details

Specific Relief Act, 1963, Section 34 -- Simpliciter suit for injunction - Defendant denied title of plaintiff as vendor of plaintiff was not having any right and title to sell the suit property - Thus serious dispute raised by defendant as to plaintiffs title as such there was need for plaintiff to amend the plaint and convert the suit into one for declaration - Defendant..........

ORISSA HIGH COURT

Year of decision: 2019
Details

Adverse possession -- Government property - Plaintiffs paid penalty in Encroachment case to government - When penalty is paid, plaintiff admits title of State - Possession is thus, not hostile to real owner and amount to denial of title to property claimed - Even plaintiffs have failed to prove date of entry into suit land, as their father paid the penalty - Element of..........

ORISSA HIGH COURT

Year of decision: 2019
Details

Specific Relief Act, 1963, Section 38 -- Permanent injunction - Mere suit for permanent injunction without declaration of title over suit land is not maintainable where a cloud is raised over plaintiff's title and he is not in possession over suit land...........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Plaintiff was present in almost all hearings before trial Court which indicates that he was genuinely pursuing the matter - Application for restoration of suit filed within period of limitation - Plaintiff having filed the suit for declaration and injunction ought to be given an..........

Showing : 91-100 of 1352 Results