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 to produce any documents or..........
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...........
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...........
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 suit for claiming any relief in..........
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 out by servant under management of..........
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 tenant is survived nor he now..........
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..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that suit properties in schedule `B' and `C' are self acquired properties - Plaintiffs failed to adduce documentary evidence to prove that suit properties are self acquired properties - Legal presumption of suit properties to be part and parcel of ancestral one (schedule `D') can easily be drawn for want of..........
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 conducted vis-a-vis sale of property,..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Co-owner - Suit for declaration by a co-owner without seeking relief of possession is maintainable as every co-owner is deemed to be in possession of every part of the land...........
