Showing : 121-130 of 345 Results

HYDERABAD HIGH COURT
Year of decision: 2016
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration of title and recovery of possession - Plaintiff proved his title over suit property on the basis of registered gift deed - Defendant did not disputed the gift deed in favour of plaintiff - However, defendant alleges an oral sale deed before said gift deed in favour of..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Specific Relief Act, 1963, Section 39-- Mandatory injunction - Suit for mandatory injunction simplicitor without seeking relief of declaration regarding right of way or access by way an easement is maintainable, where there are no two landlords or two different owners involved in dispute...........
KERALA HIGH COURT
Year of decision: 2016
Details
Specific Relief Act, 1963, Section 26-- Rectification of instrument - An assignment deed cannot be rectified without pleading and proving fraud or mutual mistake of parties - Merely on proving the boundaries in a suit of this nature, a plaintiff cannot succeed without satisfying the essential legal requirements - Absence of material..........
DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Declaratory suit without seeking necessary consequential reliefs in terms of S.34 of Specific Relief Act - Where plaintiff can seek relief other than a mere declaration of title, but omits to do so, plaintiff shall be precluded from seeking such consequential reliefs at a..........
ORISSA HIGH COURT
Year of decision: 2016
Details
Specific Relief Act, 1963, Section 34, 37, 38-- Common passage - Suit for declaration - Local Commissioner in his report proved the existence of common passage and also that there is no other passage than the said common passage which is available to plaintiff to approach public road - Said report is corroborated by defendant Nos.3 to 6 as they..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration and permanent injunction for setting aside judgment and decree declaring defendant as owner of suit property - Limitation - Once there is an admission in cross examination with regard to execution of sale deed in the year 1981 in favour of defendants, yet there is no challenge..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration and permanent injunction - Once it was admitted by plaintiffs that possession of suit land was with subsequent purchasers, their simplicitor suit for declaration and permanent injunction challenging the impugned decree in favour of defendant and subsequent sale deeds in favour..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 37, 38-- Co-sharer - Sale beyond share - Suit for permanent injunction - Remedy available is to seek declaration of sale deed as well as partition of the property - In the absence of declaration, Court cannot decide whether sale deed is beyond the share or not...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration without seeking relief of possession - Co-sharer - Plaintiff being co-sharer would be deemed to be in joint possession, thus, even if she does not seek possession, suit for declaration, held, maintainable...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration on the basis of adverse possession - Held, suit is not maintainable - Even if plaintiff is found to be in adverse possession, it cannot seek a declaration to the effect that such adverse possession has matured into ownership...........

Showing : 121-130 of 345 Results