Civil Procedure Code, 1908, Section 47, Order 23, Rule 3 -- Suit for permanent injunction - Compromise between parties - Consent decree passed on the basis of compromise - Mutation not sanctioned by Revenue Authorities on the plea that right, title or interest not declared by consent decree - Second suit for declaration claiming one relief inconsistent to consent decree...........
Specific Relief Act, 1963, Section 37 -- Suit for permanent injunction - Decreed - Plaintiff held to be in possession of suit land on basis of sale deed - Findings regarding sale deed challanged in Appeal - Another suit for declaration of title pending - Findings regarding sale deed limited to extent of adjudicating question of injunction - Not to come in way of suit for..........
Civil Procedure Code, 1908, Order 1, Rule 1, Civil Procedure Code, 1908, Order 22, Rule 1, Evidence Act, 1872, Section 108 -- Plaintiff missing subsequent to the institution of suit - Wife seeking permission to prosecute suit - Suit for declaration of title and injunction in respect of joint family property - If applicant is not allowed to come on record and suit is..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Necessary Party - Declaration regarding civil death - Suit for partition against a person who is missing for more than 7 years - Impleading as party to suit claimed on the basis of Will executed by said person - Execution of Will denied by legal heirs of said person - Till the Civil Court declares a person to be civilly dead..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for permanent injunction - Relief of partition and declaration sought by way of amendment of plaint when suit was pending for evidence of defendant - No reason as to why such prayer not added at the time of filing of suit or prior to commencement of trial - Application dismissed...........
Court Fees Act, 1870, Section 7(1)(iv)(c) -- Court fee - Suit for declaration that plaintiff is owner in possession of suit land and that decree passed by Civil Court is wrong, illegal, null and void and not binding on the rights of plaintiff - Since plaintiff has not claimed consequential relief of possession as such plaintiff is not required to pay ad valorem court fees...........
Constitution of India, 1950, Article 226, Land Acquisition Act, 1894, Section 4, 6, Civil Procedure Code, 1908, Section 9 -- Forum to challenge notification and declaration issued u/s 4 & 6 of Land Acquisition Act - Jurisdiction of Civil Courts - Civil suit not maintainable to question notification and declaration - Writ remedy available under Article 226 of Constitution..........
Pepsu Abolition of Ala Malikiyat Rights Act, 1954, Section 3 -- Vesting of full proprietory rights in Adna Malik - Maharaja of erstwhile Faridkot State was Ala Malik i.e. Superior proprietor - Father of plaintiff in possession was Adna Malik - Suit for declaration that rights of Ala Maliks abolished and Adna Maliks given proprietary rights as full fledged owners of the..........
Specific Relief Act, 1963, Section 34 -- Adverse possession - Suit for declaration that possession over suit land has been perfected into ownership by way of adverse possession - Plea rejected on the grounds (i) Gram Panchayat local authority within the meaning of Article 12 of the Constitution and plaintiff has not perfected title for last more than 30 years, (ii)..........
Court Fees Act, 1870, Section 7(iv)(c) -- Suit for declaration as to ownership and that gift deeds are illegal, null and void - Declaration sought being coparceners in the joint Hindu Family Property claiming to be in joint possession and seeking consequential relief of permanent injunction restraining defendants from alienating the suit land - Court Fee - Ad valorem Court..........
