Showing : 51-60 of 142 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Specific Relief Act, 1963, Section 6-- Dispossession - When suit u/s 6 of the Act fails, normal remedy for a party is to file a suit for declaration of title & possession - No appeal lies from the decision arising in a suit u/s 6 of the Act - Court can only interfere in revisional jurisdiction u/s 115 CPC...........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Specific Relief Act, 1963, Section 6-- Scope - Suit u/s 6 of Act is to be tried as summary suit and it is confined to relief of restoration of possession - No relief can be granted for the purpose of declaration of an individual as owner of disputed property. (Paras 4, 6, 7 & 8)..........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Specific Relief Act, 1963, Section 6-- Restoration of possession - In order to establish a claim u/s 6 of the Specific Relief Act, 1963 three things are required to be established - (i) that plaintiff was in possession of suit property; (ii) he has been dispossessed without consent and otherwise than in due course of law; (iii) suit..........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Specific Relief Act, 1963, Section 6-- Restoration of possession - Proceedings are summary in nature - Only issue required to be decided is as to whether plaintiff was in possession at any time of six months prior to the date of filing of suit...........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Specific Relief Act, 1963, Section 6-- Rejection of plaint - Validity - Suit filed u/s 6 of Act of 1963 - Application U.O.7.R.11 CPC allowed, dismissing suit by giving finding that Court has no jurisdiction to decide suit because land in question is agriculture land - Held, since there is no assertion in plaint that land in question is..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 7, Rule 3, Specific Relief Act, 1963, Section 6-- Suit for recovery of possession - Inadequate description of suit property - Effect - Held, if it is found in suit that plaintiff did not describe an item of immovable property, which is subject-matter of suit, as provided U.O.7.R.3 CPC, he can be permitted to seek necessary amendment - At same..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Specific Relief Act, 1963, Section 6-- Question of title or better rights of possession does not arise for adjudication in a suit u/s 6 where the only issue required to be decided is as to whether the plaintiff was in possession at any time six months prior to the date of filing of the suit...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Specific Relief Act, 1963, Section 6-- Suit u,s 6 of Specific Relief Act - The only question that has to be determined is whether plaintiff was in possession of the disputed property and he had been illegally dispossessed therefrom on any date within six months prior to the fling of the suit - Proceeding u/s 6 of the Act is summary in..........
DELHI HIGH COURT
Year of decision: 2012
Details
Specific Relief Act, 1963, Section 6-- Question of title is irrelevant in a proceeding u/s 6 of Specific Relief Act...........
DELHI HIGH COURT
Year of decision: 2012
Details
Specific Relief Act, 1963, Section 6-- Possession coupled with documents such as GPA, Agreement to sell, Affidavit, Receipts etc. - Certainly create interest of plaintiff in the suit property - Plaintiff may not have acquired absolute ownership of the property by virtue of these documents, but his being in possession of the said..........

Showing : 51-60 of 142 Results