Showing : 191-200 of 397 Results

BOMBAY HIGH COURT
Year of decision: 2014
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration of a document of Will as null and void - Plea of bona fide purchasers - Since defendant No.1 failed to prove his title through Will in question, then defendant Nos.2 & 3 are bound to fail to prove their case of bona fide purchasers without notice and for valuable consideration..........
BOMBAY HIGH COURT
Year of decision: 2014
Details
Specific Relief Act, 1963, Section 34-- Declaration of ownership - Whenever any person is found to be in settled possession of any immovable property continuously and without any obstruction for a long period of time, presumption of ownership would follow possession - Court committed error by disallowing declaration only on the basis..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Specific Relief Act, 1963, Section 38-- Permanent Injunction - A person who is in unlawful possession, is not entitled to claim permanent injunction without seeking appropriate relief of declaration of title...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Specific Relief Act, 1963, Section 39-- Suit for mandatory injunction - Not maintainable without seeking relief of declaration when right of plaintiff to property on which construction sought to be removed is raised and disputed by defendant...........
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..........

Showing : 191-200 of 397 Results