Specific Relief Act, 1963, Section 34, Proviso -- Suit for declaration without seeking relief of possession - Maintainability - Parties succeeded to property jointly after death of deceased - They are co-sharers - Every co-sharer is deemed to be in possession of every part of joint property - Plaintiff can pray for delivery of actual physical possession in a partition..........
Specific Relief Act, 1963, Section 37, 38 -- Injunction suit - Issue regarding title - If matter involves complicated questions of fact and law relating to title, Court will relegate the parties to the remedy by way of comprehensive suit for declaration of title, instead of deciding the issue in a suit for mere injunction...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration for setting aside sale deed and subsequent mutation - Sale deed was executed way back in the year 1985 by mother and brother of plaintiff - Suit filed in the year 2009 after more than 2 decades challenging the said sale deed - Parties are resident of same village and challenge to sale deed at a belated stage is..........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for declaration challenging transfer deed - Ancestral property sold by father of plaintiff in excess of his share - Plaintiff not being executant to transfer deed, is not entitled to pay ad valorem Court fees...........
Mutation -- Mutation proceedings are summary in nature and no right or title is created - Revenue entries is only for collection of revenue from person whose name is entered in the records - Title can only be seen in a regular suit filed for declaration and not in a writ petition which arises out of summary proceedings...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title on the basis of Hiba - Written hibanama was preceded by oral hiba - Suit filed without seeking relief of cancellation of registered sale deed favouring defendant - Not maintainable, as suit was barred in terms of S.34 Proviso of the Act...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Maintainability - Question regarding maintainability of suit in terms of S.34 of the Act has to be seen with regard to pleadings made in the plaint and would therefore be a question of law which is already settled can be taken at any stage...........
Hiba -- Oral - Suit for declaration of ownership and possession - Written hibanama was preceded by oral hiba - PWs had not proved possession of plaintiff over suit premises - Even, oral hiba was not proved by any witness, as they never recognize the donor - At the time of execution of hibanama donor was still continuing in possession over suit premises - No statement in..........
Mutation -- Dismissal of revision filed against order of mutation - Writ petition thereagainst - Not maintainable - Mutation proceedings are summary in nature and no right or title is created - Revenue entries is only for collection of revenue from person whose name is entered in the records - Title can only be seen in a regular suit filed for declaration...........
Court Fees Act, 1870, Section 7(iv)(c) -- Deficient Court fee - Suit for declaration that Will is null and void with consequential relief of permanent injunction - Plaintiff seeking relief that defendant be restrained from alienating suit property - But without declaration of relief as such nature in the form of permanent injunction cannot be claimed by him independently -..........
