Showing : 61-70 of 367 Results

PATNA HIGH COURT
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration that gift deed is forged and fabricated - Maintainability - Defendants were cultivating land covered by gift deed in question on behalf of plaintiffs - It is specific case of plaintiffs that no gift deed was executed and possession of suit property never given to defendants -..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 38-- Permanent injunction - Touchstone upon which suit has to be decided is lawful possession and not ownership - Since defendant filed a separate suit against plaintiff for declaration of ownership of suit property and same is dismissed, there is no need to express any opinion on question of title and..........
DELHI HIGH COURT
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 34, 38, Civil Procedure Code, 1908, Order 21, Rule 101-- Suit for declaration that decree of possession passed in civil suit is null and void and also for permanent injunction and compensation - Objections against said decree already filed U.O.21.R.101 CPC in execution petition - Separate suit for declaration against the very same decree is not..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration and permanent injunction - Maintainability - Where plaintiff established his possession and enjoyment of extent of his share inclusive of extra land as claimed by defendant, there is no need on part of plaintiff to institute suit for recovery of possession of disputed property..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration and permanent injunction - Plaintiff and defendants both purchased an extent of 1.12 acres and 0.80 cents of land respectively from total extent of 1.92 acres - Defendants under the garb of revenue records attempted to encroach into plaintiffs property and claiming extra land..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration and permanent injunction - Proof of title - In the instant case, dispute is with regard to open land which plaintiffs claims to be owners in possession - Admittedly, plaintiffs have no documents of ownership of land as land falls within Lal Dora of village - Even, no..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Punjab Village Common Lands (Regulation) Act, 1961, Section 13, Specific Relief Act, 1963, Section 34, 38-- Suit for declaration and permanent injunction - Bar to jurisdiction - Admittedly, plaintiffs have no documents of ownership of land as land falls within Lal Dora of village - However, Gram Panchayat was able to prove that land was Shamlat Deh vesting in Gram Panchayat - Therefore, civil Court has..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 100, Specific Relief Act, 1963, Section 34, 38-- Second appeal - Substantial question of law - Suit for declaration and permanent injunction - Proof of title - As per plaintiffs, once they have claimed that property was within Lal Dora of village it was duty of Court to frame issue and decide the same - However, duty of Court is to decide issues..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration and possession - Defendant never disputed ownership of plaintiff over suit land - He claimed his possession over suit land in pursuance to agreement executed in his favour by father of plaintiff - However, since suit for specific performance filed by defendant was dismissed,..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration, separate possession and permanent injunction - Suit property claimed to be joint property by plaintiff - However, after examining mutation and jamabandis, Court recorded a finding that there were certain entries in mutation from where it is evident that portion of suit..........

Showing : 61-70 of 367 Results