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Results of declaration of ownership

Showing : 1-10 of 137 Results

CHHATTISGARH HIGH COURT

Year of decision: 2019
Details

Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - No pleading raised that suit property is in joint ownership of plaintiff and original owner - However, first appellate Court granted finding of joint ownership of suit property - Said finding is not based on pleadings of parties - More so, registered sale deed executed by original owner in favour of..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration, possession, mesne profits and permanent injunction - Plaintiff was not required to prove their ownership qua suit property, inasmuch as defendant/tenant himself in his written statement categorically admitted them as owners - Thus, an admitted fact was not required to be proved - More so, defendant has no..........

DELHI HIGH COURT

Year of decision: 2019
Details

Limitation Act, 1963, Article 58 -- Limitation - Suit for declaration, permanent injunction, damages and incidental relief - Right to sue in favour of plaintiff arose in 9 July 2018 when defendant first time denied plaintiff's title to Trade Mark and claimed its ownership - Said cause of action again arose in favour of plaintiff on 18 July 2018 when defendant relying upon..........

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

Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary party - Suit for declaration, permanent and mandatory injunction - Ownership of erstwhile owner of property stood extinguished automatically by coming into force of H.P. Tenancy and Land Reforms Act and it was defendant being tenant who was owner thereof - He is thus, not owner of property on the date..........

CALCUTTA HIGH COURT

Year of decision: 2019
Details

Registration Act, 1908, Section 17, 49 -- Collateral purpose - Relinquishment of title by a declaration by one of co-sharers in whose name a registered title deed exists cannot be said to be a collateral transaction and ownership can only be relinquished by a deed which is also compulsorily registrable...........

CALCUTTA HIGH COURT

Year of decision: 2019
Details

Limitation Act, 1963, Article 113 -- Limitation - Claim of absolute ownership by defendant - Partition suit - Plaintiff in 1980 relinquished his title over suit property - Suit for partition was filed by plaintiff in 2004 - Defendant did not make any attempt within three years from registration of said deed of sale or within period of limitation from date of declaration..........

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 acknowledged and admitted power of attorney..........

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 revenue entry was not individually..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction in respect of electric motor connection - Plaintiff became co-owner to the extent of 2/3rd share in land previously owned by deceased on the basis of consent decree - There is no reference to electric motor connection in question which was sanctioned in the name of deceased, as such..........

Showing : 1-10 of 137 Results