Showing : 41-50 of 363 Results

MADRAS HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 38-- Permanent injunction - Plaintiff claims title to suit property on the basis of Patta jointly granted in favour of plaintiff and defendant - Defendant thrown a serious challenge to claim of plaintiff's title, possession and enjoyment of suit property before institution of suit - Plaintiff should..........
GUJARAT HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 34, 37, 38-- Suit for injunction, declaration and possession - When can be filed - Where plaintiff is in possession, but his title to the property is in dispute, or under a cloud, or where defendant asserts title thereto and there is also a threat of dispossession from the defendant, plaintiff will have to sue..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration and permanent injunction - Neither predecessor-i, title of plaintiffs and nor plaintiffs had any subsisting right, title and interest in suit property on the date of filing of suit, as suit property was acquired by State - Defendants filed the documents in appeal by away of..........
CHHATTISGARH HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration of title - Defendant while relying upon sale deed contended that he purchased part of suit property which he occupied as tenant - However, he failed to prove that part of joint family property which he occupied as tenant was subject matter of sale under sale deed in question -..........
ORISSA HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 34, 37, 38, Easements Act, 1882, Section 15, 35-- Public road - Construction of wall by defendant - Plaintiff's easementary right obstructed - Suit for declaration and injunction - Suit is maintainable against defendant without impleading Govt./N.A.C. - No person has any right to make construction over the land belonging to the Govt./N.A.C. and..........
KARNATAKA HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration - Maintainability - Plaintiff sought declaratory relief with further relief as to wrong mutation entries - Since plaintiff continues to be in possession, he has not sought for any injunctive relief and therefore, suit for mere declaration is not hit by S.34 Proviso of the Act..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 34, Registration Act, 1908, Section 17, 49-- Suit for declaration of title - On the basis of u, registered exchange deed - Exchange deed being u, registered cannot be read in evidence in view of Ss.17, 49 of Registration Act - Even otherwise, there is no valid exchange deed adduced on record by plaintiff to prove his claim with regard to his..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration - Dismissed as premature - Plaintiffs purchased the land from predecessor-i, interest of defendants - Both the Courts below found that sale deed in question is a valid and genuine document - Plaintiffs were put in possession of land but revenue authorities have only entered..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration regarding adoption - Not required to be filed by a person having registered adoption deed...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration - Proviso to S.34 of the Act restricts discretion of Court as to declaration of status or right as provided u/s 34 of the Act - Same does not bar jurisdiction of Court to entertain a suit...........

Showing : 41-50 of 363 Results