Specific Relief Act, 1963, Section 34 -- Suit for declaration - Plea of plaintiff that they purchased suit property from original owner but name of legal heir of original owner is wrongly mutated in revenue record - Remark column of revenue record shows that legal heir of original owner sold suit property to defendants - Plaintiff filed suit belatedly after partition..........
Civil Procedure Code, 1908, Order 26, Rule 9, Specific Relief Act, 1963, Section 34, 38 -- Appointment of surveyor - Suit for declaration and injunction - Allegation that defendants encroached into plaintiff's land by removing portion of stone wall and throwing rubbish and draining sullage water into his property - Report of Commissioner and Taluka surveyor disclosed..........
Specific Relief Act, 1963, Section 34, 35 -- Suit for declaration - Plaintiff cannot expect to receive discretionary relief of declaration without impleading person against whom declaration is sought or person who will be effected by declaration or person against whom declaration is directed...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of status and compensation - Relief of declaration sought by father to declare that he is not father of child - Compensation is sought against mother of child for her having allegedly lived in adultery - Two reliefs sought by plaintiff/father are independent of each other and one cannot be linked to other -..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration simplicitor - Suit is maintainable when plaintiff is in possession of suit property...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title, recovery of possession and for cancellation of sale deed - Registered sale deed of suit property in favour of plaintiff by defendant is proved on record - Subsequent execution of another deed of conveyance by defendant with respect to same property in favour of defendant no.1 is without any authority,..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Plaintiff claimed to be owner of suit property under sale deed - However, plaintiff failed to establish his vendor's title, possession and enjoyment of suit property - Title of his vendor based on the strength of partition list - No proof placed to hold that parties to partition..........
Specific Relief Act, 1963, Section 34, 38, Delhi Rent Control Act, 1958, Section 27, 50 -- Suit for possession and injunction - Protected tenant - Defendant pleaded that suit barred u/s 50 of Delhi Rent Control Act - In suit for eviction filed by plaintiff, defendant never represented estate of deceased tenant - In injunction proceedings initiated by defendant against..........
Specific Relief Act, 1963, Section 34, Transfer of Property Act, 1882, Section 118 -- Suit for declaration that exchange of property between father of plaintiff with his brother is invalid - Maintainability - Property acquired by father of plaintiff in partition although is separate property qua other relations, but it is coparcenary property insofar as his sons and..........
Specific Relief Act, 1963, Section 34, 37, 38 -- Suit for injunction, declaration and possession - When can be filed - Where plaintiff is in possession, but his title to the property is in dispute, or under a cloud, or where defendant asserts title thereto and there is also a threat of dispossession from the defendant, plaintiff will have to sue for declaration of title..........
