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Results of declaration suit

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Showing : 141-150 of 1409 Results

MADRAS HIGH COURT

Year of decision: 2019
Details

Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Suit property is Government land - Plaintiff claims to be in possession of suit property for more than 40 years - However, no material placed by plaintiff in support of his claim - Plaintiff established his possession and enjoyment of suit property based on police receipt issued in..........

CHHATTISGARH HIGH COURT

Year of decision: 2019
Details

Specific Relief Act, 1963, Section 34 -- Suit for declaration of title and possession - Plea of ownership on basis of Will by defendant - Executor of Will acquiring title over property by adverse possession but no substantiated material is placed on record with regard to that - Hence, where adverse possession of executor of Will is not proved by evidence, defendant..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 21, Rule 97, 98, 101, 103 -- Execution - Objections - Declaration of entitlement to remain in possession in character of lessees - U.O.21.R.97 CPC independent claim can be set up even prior to dispossession - Under O.21.R.101 CPC, all questions have to be adjudicated upon by Court dealing with application and not by a separate suit - Upon..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Limitation Act, 1963, Article 58 -- Limitation - Suit for declaration of ownership - Limitation would not be arrested in case title is asserted on the basis of inheritance...........

ORISSA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of intervenors - Suit for declaration of title and permanent injunction - Intervenors asserting their possession over suit land on the basis of oral gift made by defendant - They have also instituted suit along with plaintiffs against defendant in same Court - Said suit is sub judice - Intervenors are thus, proper..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Specific Relief Act, 1963, Section 34 -- Suit for declaration - Suit as per S.34 Proviso of the Act, can be dismissed only if plaintiffs are entitled to further relief which has not been prayed for - Once plaintiffs were not entitled to any further relief, S.34 Proviso of the Act would have no application...........

MADRAS HIGH COURT

Year of decision: 2019
Details

Specific Relief Act, 1963, Section 34 -- Simpliciter suit for injunction - Defendant denied title of plaintiff as vendor of plaintiff was not having any right and title to sell the suit property - Thus serious dispute raised by defendant as to plaintiffs title as such there was need for plaintiff to amend the plaint and convert the suit into one for declaration - Defendant..........

ORISSA HIGH COURT

Year of decision: 2019
Details

Adverse possession -- Government property - Plaintiffs paid penalty in Encroachment case to government - When penalty is paid, plaintiff admits title of State - Possession is thus, not hostile to real owner and amount to denial of title to property claimed - Even plaintiffs have failed to prove date of entry into suit land, as their father paid the penalty - Element of..........

KARNATAKA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Framing of an issue - Issue of limitation - Suit for partition and declaration that sale deeds in question are null and void - Sale transactions have been effected right from 1965 - Court ought to have framed an issue as to whether relief sought for as regards sale deeds was barred by law of limitation, irrespective of..........

ORISSA HIGH COURT

Year of decision: 2019
Details

Specific Relief Act, 1963, Section 38 -- Permanent injunction - Mere suit for permanent injunction without declaration of title over suit land is not maintainable where a cloud is raised over plaintiff's title and he is not in possession over suit land...........

Showing : 141-150 of 1409 Results