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Results of specific relief act declaration

Showing : 161-170 of 412 Results

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 admitted in their written..........

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 to the same in suit as such..........

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 of subsequent purchasers..........

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 compensation was received by..........

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...........

Showing : 161-170 of 412 Results