Showing : 1-10 of 118 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration - Limitation - There is no limitation for a true owner to seek declaration qua ownership unless contesting party is in possession of suit land and is able to establish that his possession has matured into a title by way of prescription...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Indian Contract Act, 1872, Section 17-- Fraud and misrepresentation - Suit for declaration of ownership and declaring sale deeds as null and void - Execution of two power of attorneys in favour of defendant by plaintiffs only for purpose of contesting earlier litigation - Even DW1 admitted said fact - Once defendants themselves..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration and perpetual injunction - Plaintiff claimed that suit land and temple constructed thereon belongs to their family - However, no document of title was relied upon by plaintiff to establish his claim - As per revenue record ancestors of plaintiff only shown as Manager - Even..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration that exchange of gifted property was illegal, null and void - Property in question donated to School vide gift deed for the benefit of students of school - Oral exchange of valuable property with u, irrigated inferior quality of banjar land situated in remote corner of..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration of ownership on the basis of sale deed - It is always open for the defendant, who is stranger to the Sale Deed, to raise a plea that either the Sale Deed is not binding to him or the same was without consideration or it was a nominal Sale Deed or void or fictitious, for that..........
MADRAS HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 38-- Suit for permanent injunction without seeking relief of declaration - Maintainability - Where defendants failed to establish their claim of title, possession and enjoyment of disputed property and plaintiffs on the other hand proved their ownership, possession and enjoyment of suit property, there..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Suit for declaration of ownership and perpetual injunction - Gram Panchayat chose not to defend the matter even after filing application U.O.7.R.11 CPC - It was only after fresh elections new Gram Panchayat moved application U.O.9.R.13 CPC - Issue of delay in..........
KARNATAKA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 151-- Recall of an order - Application filed by defendant - Order directing defendants to pay Court fee to counter claim - Defendant filed counter claim for declaration, injunction and specific performance - However, by way of amendment defendant deleted relief of declaration and ownership - But still..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration of ownership - Limitation - There is no limitation for a true owner to seek declaration qua his ownership unless party in possession of suit property is able to establish that title of true owner gets extinguished by lapse of time on account of his having become owner on basis..........
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..........

Showing : 1-10 of 118 Results