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Results of declaration suit

Showing : 341-350 of 1352 Results

HIMACHAL PRADESH HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration that plaintiffs are in possession of land by virtue of their being Hissadar Shamlat - Petitioners while seeking their impleadment, have nowhere alleged that they are in possession of land as Hissadar Shamlat - Rather, admitted case of petitioners is that they had purchased the..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Specific Relief Act, 1963, Section 34 -- Suit for declaration - Claiming ownership on basis of agreement to sell - Suit is not maintainable - Only remedy available to plaintiff is to file suit for specific performance of agreement to sell...........

MADRAS HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2 -- Rejection of plaint - Bar of O.2.R.2 CPC - Earlier suit for permanent injunction decided only in respect of possession - Subsequent suit filed for declaration, recovery of possession and mandatory injunction - Cause of action in both suits are different - Moreover, grounds of..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2016
Details

Transfer of Property Act, 1882, Section 43 -- Benefit of S.43 of the Act - Suit for declaration - Plaintiff claimed to be owner of whole of suit property by way of sale deed executed by defendant - Defendant on the other hand contended that he had only sold half share in suit property, as other half share belonged to his sister - No evidence on record that defendant had..........

SUPREME COURT OF INDIA

Year of decision: 2016
Details

Civil Procedure Code, 1908, Section 102 -- Suit not only for recovery of money but also for declaration and permanent injunction - Held, provision of S.102 CPC is not applicable...........

ALLAHABAD HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 21, Rule 97, 101 -- Execution - Third party objections - Decree for declaration and possession - Petitioner claimed to be owner of suit property by way of Will and contended that boundaries of suit property not mentioned in the plaint - However, record shows that boundaries of suit property are mentioned in the plaint - Moreover,..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2016
Details

Limitation Act, 1963, Article 58, Specific Relief Act, 1963, Section 34 -- Suit for declaration of ownership - Limitation - Plaintiffs came to know about wrong revenue entries qua suit land in January 1994, which furnished them cause of action to file the suit - Suit filed in April 1994, is therefore, within limitation after accrual of cause of action in favour of..........

SUPREME COURT OF INDIA

Year of decision: 2016
Details

Specific Relief Act, 1963, Section 34 -- Suit for declaration to the effect that plaintiff is Donor trustee - Plaintiff became donor trustee after death of her husband, as nominated by him - Said nomination in favour of plaintiff vide resolution 1994 was approved by State Government - Concurrent findings of Courts below cannot be found fault with declaring plaintiff being..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for declaration of ownership after coming in actual cultivating possession of suit land as gair marusi - Dispute was not between landlord and tenant, rather, inter se two persons claiming themselves as tenant - Civil Court has jurisdiction to determine the said issue...........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2016
Details

Himachal Pradesh Land Revenue Act, 1954, Section 32 -- Entries in revenue record - Suit for declaration - Name of father of plaintiff was recorded as tenant in khasra Girdwari - Revenue officials wrongly mentioned the name of defendant no.1 as Gair Mourusi - However, admittedly there is no lawful order of revenue Officer authorizing such change in Revenue entries effecting..........

Showing : 341-350 of 1352 Results