Showing : 11-20 of 421 Results

SUPREME COURT OF INDIA
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration of ownership and permanent injunction - Plaintiffs unable to furnish necessary documentary and oral evidence to prove their claim - Defendant on the other hand put the earlier order involving same property in which is it was held that suit property is related to temple and..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration and permanent injunction - Plaintiff claimed to be owner and in possession of suit property on the basis of agreement to sell - However, agreement in question was not registered and even same was not on proper stamp paper - Agreement to sell is thus, not admitted in evidence..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration and permanent injunction on the basis of agreement to sell - Limitation - Agreement to sell executed in the year 1987 and sale deed in favour of defendants executed in the year 1994 - Suit filed in the year 2004 - Nothing on record that steps were taken by plaintiff to get..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 37, 38-- Injunction - Co-sharer in joint possession - Restraint order that without seeking partition, parties not to alienate, mortgage and raise construction - If one of the parties/co-sharer is granted liberty to raise construction, it would create multifariousness, much less, create impediments and..........
MADHYA PRADESH HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration of title and permanent injunction - Unregistered partition deed - Said document can be relied on only for collateral purpose - In present case, plaintiff failed to prove possession over suit land, thus, said partition deed could not be used for collateral purposes - More so,..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 37, 38-- Injunction - Question regarding title and ownership of suit property by adverse possession is a blended question of fact and law which cannot be directly or substantially put in issue in a suit for permanent injunction...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 38, 39-- Permanent and mandatory injunction - Claim of plaintiff based on plea of easement of necessity as also prescription - However, plea of easement rejected by Court below but suit decreed on the ground that suit land was classified as `share-aam-rashta' in revenue record - Findings of Court below is..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 92, Specific Relief Act, 1963, Section 38-- Public charities - Suit for possession - Oral gift - Nature of property - Suit property gifted for construction of Dharmshala along with agricultural land - To ensure regular supply of food to religious tourists coming to stay in Dharamshala - More so, it is specifically recorded in oral gift that..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 38-- Permanent injunction - Prayer in the alternative for decree of possession - Suit dismissed on the ground that suit is merely for permanent injunction - Validity - Property is a vacant piece of land - Possession of a vacant piece of land always follows title - Both the Courts below have found that..........
MADRAS HIGH COURT
Year of decision: 2018
Details
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 encroachment upon..........

Showing : 11-20 of 421 Results