Showing : 11-20 of 1950 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 38-- Suit for permanent prohibitory injunction - Plaintiffs stated that they along with defendant and other co-sharers are joint owners in possession of suit land - However, admission made by DW4 and statements of PWs, defendant and other co-sharer nowhere suggest that suit land is still joint amongst..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Suit for declaration of title and permanent injunction on the basis of Will - Suit dismissed in default - Second suit for permanent injunction on the basis of Will - Held, second suit is barred U.O.9.R.9 CPC...........
KERALA HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 38-- Suit for injunction simplicitor - Appointment of survey commissioner to measure out property based on imaginary line, is not an essential prerequisite for granting relief of injunction...........
KERALA HIGH COURT
Year of decision: 2019
Details
Easements Act, 1882, Section 15-- Easement by prescription - Survey Commission based on imaginary line not essential, but absolutely unnecessary in a suit based on easement or a simple suit for injunction based on easement...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - Cause of action as alleged in subsequent suit for possession and in earlier suit for permanent injunction not same - There is nothing to show that in earlier suit plaintiffs intentionally relinquished any portion of their claim for reasons that suit was only for injunction..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Three separate suits were filed by plaintiff for declaration of title and permanent injunction against defendants including State - First two suits were dismissed and plaintiffs filed appeal in both the suits - Issue of title thus, not attained finality - Findings recorded in first..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Adverse possession-- Perfection of title by adverse possession - Suit for declaration of title and permanent injunction on the basis of perfection of title by adverse possession is maintainable...........
ORISSA HIGH COURT
Year of decision: 2019
Details
Transfer of Property Act, 1882, Section 44-- Sale - Co-sharer - Suit for perpetual injunction - Suit plots are not within vicinity of plaintiff's house and homestead - Said plots not even indispensable for use and occupation of dwelling house of plaintiff and his co-sharer - Suit u/s 44 of the Act held, not maintainable...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Co-sharer -- Sale of property by one co-owners - Purchaser put in possession of a specific portion - Raising of construction by purchaser - Suit for injunction does not lie - Remedy is to file suit for partition - Sale of land by a co-sharer of property which is in his exclusive possession is subject to..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration and perpetual injunction - Plaintiff claimed that suit land and temple constructed thereon belongs to their family - However, no document of title was relied upon by plaintiff to establish his claim - As per revenue record ancestors of plaintiff only shown as Manager - Even..........

Showing : 11-20 of 1950 Results