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Results of declaration of ownership

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Showing : 1-10 of 165 Results

SUPREME COURT OF INDIA

Year of decision: 2023
Details

Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of ownership and permanent injunction - Plea of non est factum - Plaintiffs claimed to be absolute owners thereby denying not only correctness of Power of Attorney in favour of defendant but also subsequent execution of sale deeds by Attorney - Defendant transferred the property in favour of his father and..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2023
Details

Tenancy -- Plaintiffs failed to prove creation of tenancy in favour of their predecessor-in-interest by State - They could not succeed in the suit simply by taking benefit of revenue entries which existed for few years - Once the very basis of initial revenue entries was not legal, no presumption of truth could be attached to such entries - Suit for declaration of..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2022
Details

Transfer of Property Act, 1882, Section 58, 60, Limitation Act, 1963, Article 61 -- Usufructuary mortgage - Redemption - Limitation - Bar of limitation of 30 years for redeeming a mortgage would not be applicable in case of Usufructuary mortgage - Usufructuary mortgagee therefore, not entitled to file suit for declaration claiming ownership of mortgage property on expiry..........

SUPREME COURT OF INDIA

Year of decision: 2022
Details

Specific Relief Act, 1963, Section 34, 37 -- Suit for declaration on the basis of sale deed - Simultaneously plaintiff also claimed title on the basis of adverse possession - High Court held that plea of ownership based on sale deed and plea of adverse possession, both, are contrary to each other and plaintiffs cannot be permitted to take both the pleas at the same time -..........

ALLAHABAD HIGH COURT

Year of decision: 2022
Details

Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction simplicitor - Without seeking relief of declaration regarding title/ownership would not be maintainable, if dispute of title/ownership is in issue...........

SUPREME COURT OF INDIA

Year of decision: 2022
Details

Benami Transactions (Prohibition) Act, 1988, Section 4(3)(a) -- Benami transaction - Plaintiff father proved that properties had been purchased with his funds in the name of his two minor sons having no source of income - He also proved that he had possession of property - Defendant/son admitted the suit averments - In these circumstances, elements necessary to establish..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2022
Details

Evidence Act, 1872, Section 112 -- DNA test - Suit for declaration of ownership - Defendant filed application for directing plaintiff to get her DNA test conducted - Parties have led evidence in support of their respective stands taken in Court - Defendant cannot compel plaintiff to adduce evidence in support of case set up by defendant - Moreover, defendant failed to make..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2022
Details

Specific Relief Act, 1963, Section 34 -- Suit for declaration - Admittedly, plaintiff was not party to sale deeds - Hence, sale deeds are not binding on plaintiff - Concept of challenging a document comes into play only if person is party to document - Plaintiff has already filed a suit for declaration with regard to ownership on basis of a sale deed, correctness whereof..........

RAJASTHAN HIGH COURT

Year of decision: 2022
Details

Specific Relief Act, 1963, Section 38 -- Permanent injunction - Co-sharers - Simpliciter suit for permanent injunction is not maintainable without bringing any suit for declaration or partition, where parties are co-sharers and plaintiff is not having absolute ownership over suit land...........

SUPREME COURT OF INDIA

Year of decision: 2022
Details

Adverse possession -- Suit for declaration of ownership based on adverse possession - Suit is maintainable...........

Showing : 1-10 of 165 Results