Showing : 131-140 of 369 Results

GAUHATI HIGH COURT
Year of decision: 2016
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration of title on the basis of adverse possession - Not maintainable...........
GAUHATI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 80, Specific Relief Act, 1963, Section 34-- Suit against government - Suit for declaration of possessory right and for recovery of possession - No evidence on record that plaintiff is a landholder or settlement holder in respect of suit land or he was in possession thereof or that in any point of time he was dispossessed by defendants -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Specific Relief Act, 1963, Section 6-- Suit u/s 6 of Act - Grievance with regard to relinquishment deed - Simpliciter suit u/s 6 of Act is not maintainable, if plaintiff had any grievance with regard to relinquishment deed - Remedy lies elsewhere i.e by seeking declaration and consequential relief, if permissible in law but not in the..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration seeking declaration/joint possession on the plea that property at the hands of father is co-parcenary and ancestral in nature - Excerpt or pedigree table not brought on record - Person being fourth generation in lineage can assert right by birth - Three generation preceding to..........
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..........

Showing : 131-140 of 369 Results