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Results of declaration suit

Showing : 131-140 of 1409 Results

TELANGANA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for perpetual injunction - Amendment sought to incorporate relief of declaration of title and recovery of possession, since a cloud about title of plaintiff raised by defendant in written statement - Application for temporary injunction was rejected, and finding was given that plaintiff was not in..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Specific Relief Act, 1963, Section 34, 37 -- Suit for declaration, damages and injunction filed in High Court on its original side - Leave to file suit granted - Revocation of leave sought on the ground that High Court at Calcutta has no territorial jurisdiction - Revocation of leave - Such question cannot be considered on the basis of application without filing written..........

ORISSA HIGH COURT

Year of decision: 2019
Details

Specific Relief Act, 1963, Section 34 -- Suit for declaration on the basis of adverse possession - Date of entry into suit land not mentioned - Mere possession of suit land for long time is not sufficient to hold that plaintiff had perfected title by way of adverse possession, unless classical requirements of adverse possession are pleaded and proved - Both the Courts..........

ORISSA HIGH COURT

Year of decision: 2019
Details

Specific Relief Act, 1963, Section 34 -- Suit for declaration - Plea of adverse possession - If the plaintiffs are found to be in adverse possession, they cannot seek a declaration to title on the ground that such adverse possession has matured into ownership...........

CHHATTISGARH HIGH COURT

Year of decision: 2019
Details

Specific Relief Act, 1963, Section 34, 38 -- Declaratory relief - Suit for declaration and permanent injunction - Sale of suit property to different plaintiffs/vendees - Family partition between vendor and his brother/defendant and family partition was accepted by defendant and he remained in separate possession - Neither defendant questioned validity nor genuineness of..........

MADRAS HIGH COURT

Year of decision: 2019
Details

Specific Relief Act, 1963, Section 39 -- Suit for declaration of title and mandatory injunction - Encroachment - Plaintiff did not produce any documents in respect to his title - However, admission made by defendants will prove existence of suit land - Construction made by defendants are all temporary in nature - Report of Advocate Commissioner proved that defendants are..........

MADRAS HIGH COURT

Year of decision: 2019
Details

Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Where other legal heirs have not questioned plaintiff's inheritance to suit property and defendants, who are only tenants in suit property cannot raise such a plea against plaintiff, particularly when defendants admitted that suit property originally belonged to plaintiff's father - Both the Courts..........

ORISSA HIGH COURT

Year of decision: 2019
Details

Specific Relief Act, 1963, Section 34, Suits Valuation Act, 1887 - - Date of entry into suit land not mentioned by plaintiff - Concurrent findings on record that plaintiff has not perfected title by way of adverse possession - No perversity in said findings - Otherwise also, if plaintiff is found to be in adverse possession, he cannot seek a declaration to the effect that..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Specific Relief Act, 1963, Section 34 -- Suit for mere declaration and possession - Without seeking prayer for setting aside sale deeds in question not maintainable, where sale deeds in question were executed by father on himself or on behalf of his minor son without obtaining permission of Court, as alienation is voidable at the instance of minor or on his behalf were..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for declaration that sale deed in question is set aside - Where executant of sale deed seeks declaration that it be set aside, it has to be by way of a suit seeking cancellation of sale deed, for which ad valorem Court fee is necessary to be paid...........

Showing : 131-140 of 1409 Results