Showing : 171-180 of 367 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 100, Specific Relief Act, 1963, Section 34-- Title - Possession - Suit for declaration that plaintiff is in actual possession of suit land and orders of partition passed by revenue authorities were inoperative against him - Partition proceedings duly ordered by Revenue Courts - Suit property had fallen to share of respondents and respondents..........
KERALA HIGH COURT
Year of decision: 2013
Details
Specific Relief Act, 1963, Section 31-- Cancellation of an instrument - Three conditions are to be satisfied for grant of such declaration, viz. (i) that written instrument in question is either void or voidable as against plaintiff; (ii) Plaintiff may reasonably apprehend serious injury from instrument being left outstanding; (iii) In..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Specific Relief Act, 1963, Section 6-- Dispossession - When suit u/s 6 of the Act fails, normal remedy for a party is to file a suit for declaration of title & possession - No appeal lies from the decision arising in a suit u/s 6 of the Act - Court can only interfere in revisional jurisdiction u/s 115 CPC...........
PATNA HIGH COURT
Year of decision: 2013
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration of title - Property acquired by predecessors of plaintiff and their names were recorded in Municipal Survey Khatiyan - Subsequent relinquishment by two co-sharer in favour of predecessor of plaintiff and rent receipt paid by plaintiff's ancestor to municipality in year 1934..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Specific Relief Act, 1963, Section 34-- Declaration of title - When there is no cloud on the title of plaintiff, it is not necessary for plaintiff to seek the relief of declaration of his title to the property in addition to seeking relief of recovery of possession...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Specific Relief Act, 1963, Section 34, Limitation Act, 1963, Article 65-- Declaration on ground of adverse possession declined but relief of injunction granted - Relief of injunction not challenged, hence finding became final - Finding of High Court in second appeal that plaintiff is not entitled to injunction were unnecessary and beyond the scope of appeal - Possession..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Specific Relief Act, 1963, Section 6-- Scope - Suit u/s 6 of Act is to be tried as summary suit and it is confined to relief of restoration of possession - No relief can be granted for the purpose of declaration of an individual as owner of disputed property. (Paras 4, 6, 7 & 8)..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Specific Relief Act, 1963, Section 37, 38, 34-- Suit for permanent injunction - Scramble for possession as well as scramble for title - Proper remedy is to file a suit for declaration even if plaintiff was in possession of suit property on the date of filing of suit - First appellate Court giving three months time to plaintiff to file a..........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Specific Relief Act, 1963, Section 34-- Declaration - `Legal character' - Means legal status and not specifically that legal character must be in regard to certain property - Right claimed by adversary which may hinder the legal status or exercise of right of a person is good enough to bring a suit for declaration u/s 34 of the Act...........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Specific Relief Act, 1963, Section 34, 39-- Suit for declaration and ownership of properties - Parties must cogently prove the identification and location of the properties claimed by them...........

Showing : 171-180 of 367 Results