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Results of specific relief act declaration

Showing : 81-90 of 412 Results

HIMACHAL PRADESH HIGH COURT

Year of decision: 2018
Details

Specific Relief Act, 1963, Section 34, 20 -- Suit for declaration and specific performance - Limitation - Agreement to sell executed in the year 1992 - Cause of action arose to plaintiff in the year 2000 upon execution of sale deed inter se between defendant no.1 and defendant no.2 - Suit of plaintiff filed within 3 years from the year 2000 thus, not barred by limitation,..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2018
Details

Specific Relief Act, 1963, Section 34, 20 -- Suit for declaration and specific performance - Execution of agreement to sell proved on record - Entire sale consideration was passed by plaintiff to defendant no.1 simultaneously with execution of agreement to sell and possession of suit property was also delivered to plaintiff - Plaintiff not prayed for execution of..........

PATNA HIGH COURT

Year of decision: 2017
Details

Specific Relief Act, 1963, Section 34 -- Suit for declaration of title and confirmation of possession - Plaintiff not in possession of suit land on the date of institution of suit - Held, suit is not maintainable in absence of specific prayer for recovery of possession as required by S.34 of the Act...........

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 ownership of plaintiff - High Court..........

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..........

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 - Even order of mutation passed in..........

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 - Suit for declaration and..........

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 in suit survey number - However,..........

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, his possession over suit land became..........

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 independent witness produced by..........

Showing : 81-90 of 412 Results