Punjab Custom (Power to Contest) Act, 1920 -- Suit for declaration filed under the Act - Sale by father challenged on the ground that the parties are governed by custom - Vendor has no right to sell ancestral property without consideration and legal necessity - Amendment Act of 1973 taking away the right to challenge under the customs - Amendment retrospective, applicable..........
Court Fees Act, 1870, Section 7(iv)(b) -- Collusive decree - Challenged being illegal, null and void - Suit for declaration - Court fee - Suit is not covered by S.7(iv)(b)(c) - Plaintiff is not liable to pay ad-valorem court fee...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration on the basis of adverse possession - Suit is not legally maintainable. 2006(3) Civil Court Cases 479 (P&H) Followed...........
Civil Procedure Code, 1908, Section 20(c) -- Territorial jurisdiction - Suit for declaration regarding correction of date of birth - Averments in the plaint that plaintiff born and studied at Amritsar - Date of birth entered in the office of Registrar, Births and Deaths at Amritsar - Wrong date of birth in the school register also at Amritsar - Defendant University has no..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 35, 97 -- Delivery of possession in execution of decree - Suit for declaration of title and possession and permanent injunction filed by the society - Compromise affected between the society and defendant therein - Right, title and interest of society over the land was accepted - Suit decreed as per compromise - After..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2 -- Rejection of plaint - Agreement - Defendant interfering with possession of plaintiff of constructed portion - Plaintiff filed suit for declaration and permanent injunction restraining defendant from interfering with possession - Plaintiffs claim for ownership based on agreement -..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Suit for declaration of title - Earlier suit filed regarding suit schedule property - Plaintiff was one of defendants in suit for partition - Plaintiff claimed ownership in respect of property which was adjudicated by trial Court - Held, present suit is barred by principle of res judicata...........
Specific Relief Act, 1963, Section 34, Limitation Act, 1963, Article 64, 65 -- Declaration of ownership on basis of adverse possession - Suit is not maintainable - No declaration can be sought by a plaintiff with regard to his ownership on the basis of adverse possession - Plea of adverse possession is available only as a plea of defence to a defendant...........
Adverse Possession -- Specific Relief Act, 1963, Section 34, Limitation Act, 1963, Article 65 - Owner by way of adverse possession - Plea when available - Suit for declaration claiming to have become owner of suit land by way of adverse possession - Plea of adverse possession is a defence available only to a defendant against plaintiff - To contest a suit for possession,..........
Adverse Possession -- Suit for declaration claiming to have become owner of the land by way of adverse possession - Plaintiff described differently in different revenue entries - Even at some points shown as mortgagee - A mere long possession can not be taken to be an adverse possession - No proof that the possession was adverse / hostile to the real owners and to the..........
