Showing : 11-20 of 38 Results

CHHATTISGARH HIGH COURT
Year of decision: 2016
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration - Not maintainable if plaintiff is not in possession of suit land...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration - Claiming ownership on basis of agreement to sell - Suit is not maintainable - Only remedy available to plaintiff is to file suit for specific performance of agreement to sell...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration and permanent injunction on the basis of adverse possession - Suit for declaration on the basis of adverse possession is not maintainable - Plaintiff, since established his possession, decree of permanent injunction rightly granted in his favour...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration and permanent injunction - Once it was admitted by plaintiffs that possession of suit land was with subsequent purchasers, their simplicitor suit for declaration and permanent injunction challenging the impugned decree in favour of defendant and subsequent sale deeds in favour..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration on the basis of adverse possession - Held, suit is not maintainable - Even if plaintiff is found to be in adverse possession, it cannot seek a declaration to the effect that such adverse possession has matured into ownership...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration - Mere suit for declaration simpliciter would not be maintainable without seeking consequential relief of possession, when there is no evidence on record that plaintiff was in joint possession of suit property...........
DELHI HIGH COURT
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration - Without claiming relief of possession - There is no averment of plaintiff being in possession which fact on the contrary having been asserted by defendant that they are in possession - Suit filed merely for declaration without claiming possession is barred u/s 34 of Act -..........
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..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration - Defendant in possession - Suit for mere declaration without seeking consequential relief of possession is not maintainable - However, there is no prohibition upon a party from seeking an amendment in the plaint to include the unsought relief, provided that it is saved by..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2012
Details
Specific Relief Act, 1963, Section 34-- Agreement to sell - Suit for declaration to be owner of suit property on the basis of an agreement to sell - Held, suit is not maintainable - Merely an agreement to sell does not create title in favour of plaintiff...........

Showing : 11-20 of 38 Results