Showing : 51-60 of 311 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 100, Specific Relief Act, 1963, Section 34, 38-- Second appeal - Substantial question of law - Suit for declaration and permanent injunction - Proof of title - As per plaintiffs, once they have claimed that property was within Lal Dora of village it was duty of Court to frame issue and decide the same - However, duty of Court is to decide issues..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration and permanent injunction - Agricultural land - Plaintiff claims to be owner of suit property on the basis of oral partition which took place between ancestors of parties - Defendants admitted said oral partition in family and its implementation - However, defendants failed to..........
CHHATTISGARH HIGH COURT
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration of title, injunction and possession - Entire case of plaintiffs based on ground that they are owner of suit property - Burden is upon plaintiffs to prove as to under what basis they have acquired their right, title and interest over suit properties - However, plaintiffs failed..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 34, 39-- Agreement to sell - Suit for declaration and mandatory injunction - Suit filed almost after 12 years from the date of agreement - Suit not filed for specific performance - It is a misconceived suit - Suit was rightly dismissed...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 34, 39-- Agreement to sell - Suit for declaration and mandatory injunction - Agreement to sell not proved on record - Plaintiff thus, have no prima facie case in his favour to file a suit in relation to suit land once agreement was held not proved - Suit dismissed...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 34, 39-- Agreement to sell - Suit for declaration and mandatory injunction - Bar of limitation - Agreement in question executed in 1980 - Whereas, suit filed in 1992 - There is nothing to show that agreement was to be kept alive for such a long time - Moreover, agreement itself is not proved, therefore, no..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration of occupancy rights - Plaintiff/claimant obtained occupancy rights on basis of lease deed - Lease deed being unregistered and ante-dated found to be sham - Even otherwise, plaintiff himself admitted that he is not in possession of land and cultivation on his behalf is carried..........
MEGHALAYA HIGH COURT
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration and permanent injunction - Tenant filed suit on the apprehension that landlord attempting to deny his right as a tenant and was threatening to dispossess him without following due process of law - However, subsequently landlord filed suit for eviction - Neither apprehension of..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 34, Civil Procedure Code, 1908, Order 6, Rule 1, 2-- Suit for declaration of ownership - Material facts regarding ownership rights of plaintiff not pleaded in the plaint - Suit thus liable for rejection at threshold - Even otherwise, there was absolutely no evidence adduced by plaintiff to prove and establish his legal ownership rights over suit..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration claiming ownership on the basis of sale deed - Property purchased during pendency of execution petition at the hands of defendant No.1/earlier decree holder - Plaintiff stepped into the shoes of his vendor - Separate suit to challenge the legality and validity of proceedings..........

Showing : 51-60 of 311 Results