Showing : 41-50 of 712 Results

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..........
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...........
MADRAS HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration and permanent injunction - Plaintiff proved to be in possession of property - However, bother-in-law of father of plaintiff is trustee of property and he would be entitled to administer the property as per last wishes of father of plaintiff - Plaintiff thus, has no interest in..........
ORISSA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of a party - Suit for permanent injunction and recovery of possession - Part of suit property alienated to wife of defendant - Interevenor is thus a necessary party to suit - Application allowed...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Easements Act, 1882, Section 18-- Customary easement - Defendants claimed customary easement of pathway on suit property - First appellate Court failed to draw distinction between customary rights and easement - Merely because First appellate Court failed to draw distinction between customary rights and easement, suit of plaintiff..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration of ownership and permanent injunction - Plaintiffs unable to furnish necessary documentary and oral evidence to prove their claim - Defendant on the other hand put the earlier order involving same property in which is it was held that suit property is related to temple and..........
KARNATAKA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Specific Relief Act, 1963, Section 34-- Rejection of plaint - Suit for declaration and permanent injunction that sale deed executed by defendant Nos.1 to 6 in favour of defendant No.7 is not binding on plaintiff and restraining defendants from alienating or encumbering or creating third party rights - Plaintiff in possession on the..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - Agreement to sell - At the time of filing suit for permanent injunction, plaintiff knew that defendant has refused to honour agreement to sell and inspite of accrual of cause of action for filing suit for specific performance plaintiff did not include the relief of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Suit for permanent injunction - Amendment sought to include relief of possession - Once there is specific prayer for declaring the agreement to sell to be null and void, relief of possession is inevitable...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration and permanent injunction - Plaintiff claimed to be owner and in possession of suit property on the basis of agreement to sell - However, agreement in question was not registered and even same was not on proper stamp paper - Agreement to sell is thus, not admitted in evidence..........

Showing : 41-50 of 712 Results