Specific Relief Act, 1963, Section 34 -- Suit for declaration of ownership - Plaintiff not in possession - Suit is not maintainable without seeking relief of recovery of possession...........
Administration of Evacuee Property Act, 1950, Section 16, Specific Relief Act, 1963, Section 34, Evidence Act, 1872, Section 50 -- Restoration of land - Once factum of ownership of petitioners much less parentage or inheritance has been denied, it was incumbent upon petitioners to lay claim by seeking declaration u/S.34 of Specific Relief Act, by leading evidence u/S.50 of..........
Specific Relief Act, 1963, Section 34, 39 -- Suit for declaration and mandatory injunction - Auction - Highest bid - Bid never accepted by concerned authorities - There was no concluded contract - Merely on the granting the declaration that rejection was illegal and arbitrary and by incompetent authority, further relief of mandatory injunction could not have been granted -..........
Hindu Marriage Act, 1955, Section 5, 11, Specific Relief Act, 1963, Section 34 -- Legally wedded wife - Suit for declaration - Marriage between plaintiff and deceased solemnized during the subsistence of first wife of deceased - Second marriage not valid as per Hindu law - Solemnization of marriage between plaintiff and deceased again after death of first wife of deceased..........
Specific Relief Act, 1963, Section 34 -- Simplicitor suit for declaration without claiming relief of possession - Maintainability - Once no objection taken by appellants either in trial Court or before first appellate Court that suit for declaration without claiming possession is not maintainable, then no such objection can be allowed to be raised for the first time in..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Suit property allotted to father of plaintiff and said fact is admitted by defendant - Plaintiff is in possession of suit property till his dispossession - Defendant on the other hand failed to prove that suit property was transferred in his favour through oral gift - Separate patta was issued in..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration that sale deed in question is null and void and for permanent injunction - Plaintiff failed to prove that sale deed was executed in a fraudulent manner - Onus was on the plaintiff to prove the issues by leading cogent evidence - Much less producing any cogent evidence, plaintiff declined to enter witness box..........
Specific Relief Act, 1963, Section 37, 38, 34 -- Suit for declaration, mandatory and permanent injunction - Self acquired property of plaintiff - Daughter-i, law and grandson have no right to reside in self acquired property of plaintiff - Decretal of suit directing defendant to deliver peaceful vacant possession of suit property calls for no interference...........
Guardians and Wards Act, 1890, Section 29, 30, Specific Relief Act, 1963, Section 34 -- Alienation by guardian of minor is voidable - Suit for declaration and consequential relief for recovery of possession in absence of prayer to set aside alienation - Not maintainable...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that sale deed in question was bereft of consideration and vitiated by coercion - Absence of pleading and proof to establish intention of plaintiff to sell - However, defendant stated that sale deed in question is a continuation of agreement to which plaintiff was a party and same was produced in criminal Court..........
