Civil Procedure Code, 1908, Order 7, Rule 11, Specific Relief Act, 1963, Section 34 -- Rejection of plaint - Suit for declaration - Averments in plaint cannot be read as conceding possession of suit property in favour of defendants though there is pleading that attempts were made by defendants to take possession - Not a ground for rejecting plaint based on the proviso to..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration regarding adoption - Not required to be filed by a person having registered adoption deed...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Dismissal of suit - Plea of defendant that claim for part of land has not been raised before trial Court is not maintainable before High Court - Plea held, not tenable as plaintiff claimed declaration qua their rights in suit land to the extent of 1/12th share by challenging sale deed - Courts were under..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Dismissal of suit - Plea of defendant that even if plaintiffs are left with any share in suit land, they can file application for partition and seek determination of their share in those proceedings - Plea held, misconceived as if claim of plaintiffs that they are owners of suit land or a part is rejected by..........
Specific Relief Act, 1963, Section 34, Easement Act, 1882, Section 60(b) -- Suit for declaration of title and possession - Inconsistent pleas of ownership and easement in alternative taken by defendant - Plaintiff proved that he is owner of property - Defendant having failed to prove his ownership, cannot now be permitted to turn around and claim that by virtue of..........
Specific Relief Act, 1963, Section 34, 38, 39 -- Suit for declaration that gift deed in question is null and void and for permanent and mandatory injunction - U, registered gift deed - Defendant relied upon a Will executed by plaintiff after deed of gift - Transaction of gift having concluded before execution of Will, is inconsistent to Will relied upon by defendant -..........
Specific Relief Act, 1963, Section 34, 20 -- Suit for declaration and specific performance - Limitation - Agreement to sell executed in the year 1992 - Cause of action arose to plaintiff in the year 2000 upon execution of sale deed inter se between defendant no.1 and defendant no.2 - Suit of plaintiff filed within 3 years from the year 2000 thus, not barred by limitation,..........
Specific Relief Act, 1963, Section 34, 20 -- Suit for declaration and specific performance - Execution of agreement to sell proved on record - Entire sale consideration was passed by plaintiff to defendant no.1 simultaneously with execution of agreement to sell and possession of suit property was also delivered to plaintiff - Plaintiff not prayed for execution of..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title and confirmation of possession - Plaintiff not in possession of suit land on the date of institution of suit - Held, suit is not maintainable in absence of specific prayer for recovery of possession as required by S.34 of the Act...........
Specific Relief Act, 1963, Section 34, 38, Civil Procedure Code, 1908, Order 21, Rule 101 -- Suit for declaration that decree of possession passed in civil suit is null and void and also for permanent injunction and compensation - Objections against said decree already filed U.O.21.R.101 CPC in execution petition - Separate suit for declaration against the very same decree..........
