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Results of specific relief declaration

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Showing : 151-160 of 534 Results

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Plaintiff claimed to be owner and in possession of suit property on the basis of agreement to sell - However, agreement in question was not registered and even same was not on proper stamp paper - Agreement to sell is thus, not admitted in evidence and can be used only for..........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction on the basis of agreement to sell - Limitation - Agreement to sell executed in the year 1987 and sale deed in favour of defendants executed in the year 1994 - Suit filed in the year 2004 - Nothing on record that steps were taken by plaintiff to get sale deed executed in his favour -..........

MADHYA PRADESH HIGH COURT

Year of decision: 2018
Details

Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and permanent injunction - Unregistered partition deed - Said document can be relied on only for collateral purpose - In present case, plaintiff failed to prove possession over suit land, thus, said partition deed could not be used for collateral purposes - More so, plaintiff also failed to..........

GAUHATI HIGH COURT

Year of decision: 2018
Details

Specific Relief Act, 1963, Section 34 -- Suit for declaration - Mere permission for possession from rightful owner, cannot entitle a person to claim right, interest and title over suit property nor this makes his possession to be absolute...........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Specific Relief Act, 1963, Section 34, 37, Limitation Act, 1963, Article 65 -- Suit for declaration, permanent injunction and possession - Limitation - Since suit was for declaration, permanent injunction and possession, Art.65 of Limitation Act is applicable which provides limitation of 12 years to be counted from the date when possession of defendant becomes adverse to..........

TELANGANA AND ANDHRA PRADESH HIGH COURT

Year of decision: 2018
Details

Specific Relief Act, 1963, Section 34, Evidence Act, 1872, Section 68 -- Suit for declaration - Proof of Will - Evidence of three witnesses clearly states that contents of Will were read over to testatrix - They also deposed that testatrix affixed her thumb mark in the presence of attestors and scribe - In turn, attestors also attested the document in testatrix's presence..........

CHHATTISGARH HIGH COURT

Year of decision: 2018
Details

Specific Relief Act, 1963, Section 34 -- Suit for declaration of title and possession - Suit property was self acquired property of father of plaintiffs - Father of plaintiffs granted license in favour of defendant - Defendants remained ex parte before Trial Court and did not led any evidence - They have not controverted plea of license stated by plaintiffs and witnesses -..........

TELANGANA AND ANDHRA PRADESH HIGH COURT

Year of decision: 2018
Details

Specific Relief Act, 1963, Section 34, Limitation Act, 1963, Article 58 -- Suit for declaration - Limitation - Cause of action in suit arose in year 1987 as per pleadings - Suit filed within three years therefrom - Suit is filed within time...........

TELANGANA AND ANDHRA PRADESH HIGH COURT

Year of decision: 2018
Details

Specific Relief Act, 1963, Section 34 -- Suit for declaration and consequential relief of possession after evicting defendant - Title and possession of plaintiff proved on record - Plea of adverse possession and title over suit property taken by defendant not proved - Plaintiff declared as owner of property - Defendants directed to forthwith vacate and deliver possession..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Specific Relief Act, 1963, Section 34 -- Suit for declaration - Maintainability - Relief of possession not claimed - Suit for declaration with consequential relief of joint possession is maintainable, as plaintiffs were co-sharer and relief of specific possession cannot be ordered by Court in these proceedings...........

Showing : 151-160 of 534 Results