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Results of declaration suit

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Showing : 121-130 of 1409 Results

UTTARAKHAND HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Suit for declaration of title on basis of adverse possession - Suit property already transferred by defendant in favour of his daughter prior to filing of suit - Plaintiff did not challenge said sale deed, he thus, had no cause of action to institute suit against defendant - Moreover,..........

ORISSA HIGH COURT

Year of decision: 2019
Details

Specific Relief Act, 1963, Section 38 -- Permanent injunction - Simple suit for permanent injunction without seeking declaration of title is not maintainable, when plaintiff's title is in cloud of suspicion...........

ORISSA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Suit for declaration of title - Plaintiff sought to admit notice issued by Tehsildar in Encroachment case - Appellate Court delved deep into the matter and held that it is admitted case that title rests with defendant - Encroachment case in the year 1989 initiated against plaintiff..........

MADHYA PRADESH HIGH COURT

Year of decision: 2019
Details

Limitation Act, 1963, Article 65, Specific Relief Act, 1963, Section 34 -- Limitation - Suit for declaration that gift deed is null and void - Defendant tried to dispossess plaintiff in 2011 on the basis of sale deed, then she came to know about so-called gift deed in favour of defendant - Suit itself filed in 2011 - For filing suit for declaration of gift deed as void,..........

KARNATAKA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of pendente lite purchaser - Partition suit - In a suit of partition at the stage of passing of a preliminary decree, only question that needs to be adjudicated by trial Court is whether property in question is a coparcenary property or a joint family property - For declaration of such shares at preliminary stage..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Matter in issue in both the suits is different, as previous suit is for declaration, challenging sale deeds and permanent injunction from alienating suit property, whereas subsequent suit filed for permanent injunction restraining defendants from interfering in its possession - Possession is not in dispute..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Haryana Ceiling on Lands Holdings Act, 1972, Section 26(b), Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Civil suit for declaration challenging legality of order passed by Prescribed Authority under 1972 Act is clearly barred by S.26(b) of 1972 Act - Remedy of plaintiffs in such case lies in filing appeal/revision u/s 18 of the Act...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Transfer of Property Act, 1882, Section 54 -- Registered sale deed - Suit for declaration challenging sale deed - Non-examination of Sub-Registrar - Registration of sale deed carries a presumption of truth - However, withholding Sub-Registrar is one of ground for dismissal of suit, as if at all there was some truth, efforts should be made to examine Sub-Registrar who was..........

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 of adverse possession...........

TELANGANA AND ANDHRA PRADESH HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third party - Suit for declaration of title and injunction - Petitioner purchased part of suit property much prior to filing of suit by plaintiff - Decree of suit will not bind petitioner - Petitioner held, cannot be said to be necessary or proper party to suit - Application for impleadment rejected...........

Showing : 121-130 of 1409 Results