Showing : 1-7 of 7 Results

GUJARAT HIGH COURT
Year of decision: 2018
Details
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..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 37, 38-- Suit for permanent injunction - Suit for declaration, injunction and recovery of possession filed by defendant by way of counter claim - Plaintiffs in possession and enjoyment of suit property - Defendants have not produced any other document except patta to establish their title over property -..........
BOMBAY HIGH COURT
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 37, 38-- Permanent injunction - Suit based on possession - Relief of declaration of title not claimed - Suit is maintainable when there is no cloud on the title of plaintiff requiring him to file suit for declaration of title...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Specific Relief Act, 1963, Section 37, 38, 34-- Suit for permanent injunction - Scramble for possession as well as scramble for title - Proper remedy is to file a suit for declaration even if plaintiff was in possession of suit property on the date of filing of suit - First appellate Court giving three months time to plaintiff to file a..........
RAJASTHAN HIGH COURT
Year of decision: 2012
Details
Specific Relief Act, 1963, Section 37, 38, 34-- Suit for injunction - Both parties claiming title - Plaintiff failing to claim relief of declaration and not even establishing his possession - Held, suit rightly dismissed...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Specific Relief Act, 1963, Section 37, 38-- Injunction - Issue of title - Issue of title when involves complicated or complex questions of fact and law or where Court feels that parties had not proceeded on the basis that title was at issue, the Court should not decide the issue of title in a suit for injunction - Proper course is to..........
KARNATAKA HIGH COURT
Year of decision: 1994
Details
Specific Relief Act, 1963, Section 37, 38, 34-- Suit for permanent injunction - Where title of property under challenge - Suit for mere injunction without praying for declaration of title is not maintainable...........

Showing : 1-7 of 7 Results