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Results of declaration suit

Showing : 301-310 of 1352 Results

ORISSA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Amin (Court) Commissioner - Suit for declaration of right, title and interest and correction of settlement map - Dispute as to measurement of land - There is no impediment to appoint Amin Commissioner to ascertain measurement of land - Application allowed...........

MADRAS HIGH COURT

Year of decision: 2017
Details

Suits Valuation Act, 1887 -- Auction sale - Execution for delivery of possession dismissed in default - Thereafter suit for declaration of title and possession filed - Held, suit is not barred u/s 47 CPC even after dismissal of application for possession in default or on ground of limitation - Auction purchaser can filed suit for declaration and possession within twelve..........

KERALA HIGH COURT

Year of decision: 2017
Details

Easement Act, 1882, Section 15 -- Right of way by prescription - Suit for declaration - Suppression of existence of alternate pathway, is of no consequence, as it is not a case where in a mere equitable relief is claimed - A relief by way of declaration was sought, in which principle that `a person who wants equity must bring equity' has no application at all...........

MADRAS HIGH COURT

Year of decision: 2017
Details

Specific Relief Act, 1963, Section 37, 38 -- Suit for permanent injunction - Suit for declaration, injunction and recovery of possession filed by defendant by way of counter claim - Plaintiffs in possession and enjoyment of suit property - Defendants have not produced any other document except patta to establish their title over property - Even otherwise, suit property is..........

MANIPUR HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Suit for declaration and permanent injunction - Defendant made admission that plaintiff purchased the suit land under a sale deed - However, legality and correctness of said sale deed is challenged by defendant - There is no clear and u, equivocal admission as regards ownership of suit land - No..........

CHHATTISGARH HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration of title and injunction - Obstruction caused by defendant - Courts below after examining the evidence on record concurrently found that defendants have created the obstruction as alleged by plaintiff - Findings so recorded are pure findings of fact and does not involve substantial question of..........

DELHI HIGH COURT

Year of decision: 2017
Details

Specific Relief Act, 1963, Section 34 -- Suit for declaration challenging two Wills - Bar of limitation - Wills in question were executed by father of plaintiff in favour of his two sons to the exclusion of plaintiff - Mutation was effected in 2004 on the basis of Wills of 1996 - Said mutation not challenged by plaintiff within period of limitation inspite of knowledge of..........

DELHI HIGH COURT

Year of decision: 2017
Details

Specific Relief Act, 1963, Section 34 -- Suit for declaration challenging two Wills - Wills in question were validly executed and not proved to be forged and fabricated - Long silence of plaintiff from the date of mutation of Wills till 2007 established that he knew about the existence of Wills executed by his father whereby he divided one acres of land to his two sons who..........

BOMBAY HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 7, Rule 11(b) -- Rejection of plaint - Valuation of suit - Suit for declaration, partition and separate possession - Suit was not properly valued - Plaintiff was directed to correct the valuation of suit - After correction of valuation of suit claim, Civil Judge Junior Division ceased to have pecuniary jurisdiction to entertain the suit -..........

DELHI HIGH COURT

Year of decision: 2017
Details

Specific Relief Act, 1963, Section 34 -- Proviso - Suit for declaration - Appellants simply seeking relief under testamentary instruments executed by their parents that parties are in possession of property bequeathed to them - Relief of possession not claimed by parties as they are already in possession of properties - Question of appellants omitting to claim a further..........

Showing : 301-310 of 1352 Results