Specific Relief Act, 1963, Section 34 -- Suit for declaration that exchange of gifted property was illegal, null and void - Property in question donated to School vide gift deed for the benefit of students of school - Oral exchange of valuable property with u, irrigated inferior quality of banjar land situated in remote corner of village, was wholly collusive and illegal..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of ownership on the basis of sale deed - It is always open for the defendant, who is stranger to the Sale Deed, to raise a plea that either the Sale Deed is not binding to him or the same was without consideration or it was a nominal Sale Deed or void or fictitious, for that matter, collusive and not intended to..........
Civil Procedure Code, 1908, Section 100, Specific Relief Act, 1963, Section 34, Limitation Act, 1963, Article 65 -- Second appeal - Suit for declaration of title - Plea of adverse possession - Plaintiff alleges that he is in possession for last 30 years i.e. since the year 1947 for which cause of action had arisen in year 1977 however, suit was filed in year 2015,..........
Civil Procedure Code, 1908, Section 100, Specific Relief Act, 1963, Section 34 -- Second appeal - Suit for declaration of title - Plea of adverse possession - As per oral and documentary evidence on record plaintiff has failed to establish continuous, uninterrupted and peaceful possession over the suit land - Claim of title by adverse possession held, not maintainable -..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration by sisters - Sale of property by Karta/brother - Suit in question was apparently a collusive suit filed at the behest of Karta through his sisters and family members to avoid execution of a valid decree passed in favour of purchasers/defendant nos.1 and 2 - Suit property sold by Karta for legal necessity thus,..........
Limitation Act, 1963, Article 59, Specific Relief Act, 1963, Section 34, 38 -- Limitation - Suit for declaration and perpetual injunction - Sale deed executed by defendant no.1 in favour of defendant no.2 during pendency of earlier suit of declaration filed by plaintiff - Question of limitation does not arise since sale deed was executed during pendency of suit property -..........
Specific Relief Act, 1963, Section 34, 38, Transfer of Property Act, 1882, Section 116 -- Suit for declaration of ownership - Seeking injunction against defendant claiming possession on basis of tenancy - Plaintiff claiming ownership on basis of entry in jamabandi and oral family settlement - Operation of S.116 of T.P. Act would confer legitimacy to possession of the..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title, injunction and for possession - Execution of two sale deeds by vendor of the same property - Sale deed executed in favour of plaintiff prior in time - Since property was already purchased by plaintiff as such further alienation of suit land will not confer any right, title or interest upon the..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of ownership - Father executed Will in favor of second wife - Same was duly accepted by plaintiffs being step children - Merely because property originally belonged to father of plaintiffs, it cannot be a ground to decree their suit...........
Specific Relief Act, 1963, Section 34, Suits Valuation Act, 1887 - - Plaintiff however, did not come to Court for claiming his ownership over suit land and challenging interference by defendant over suit land - These are proper reliefs, which only could settle controversy in relation to suit land between parties and not one raised in these proceedings - Suit rightly..........
