Showing : 141-150 of 367 Results

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...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration of title and injunction - Mutation entries do not conclusively establish title - However, title of plaintiffs stands proved and established by material on record and on account of findings recorded by revenue authority - So far as land acquisition proceedings are concerned, no..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration of title and possession - Onus is upon plaintiff to prove his title - Plaintiff must prove his title independently, and a decree in his favour cannot be awarded for the only reason that defendant has not been able to prove his title...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration of title and injunction on the basis of sale deeds - Sale of property by owner - Thereafter successors are left with no title - Sale of property by successors confers no title on purchaser regarding said property...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration - Mere suit for declaration simpliciter would not be maintainable without seeking consequential relief of possession, when there is no evidence on record that plaintiff was in joint possession of suit property...........
KERALA HIGH COURT
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 34-- Suit - for declaration of title over a property by adverse possession and limitation is not maintainable...........
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...........
HYDERABAD HIGH COURT
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration - To claim relief of declaration burden is heavy on plaintiff to prove his right over the suit property with cogent and convincing reasons...........

Showing : 141-150 of 367 Results