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Results of suit declaration possession

Showing : 101-110 of 528 Results

RAJASTHAN HIGH COURT

Year of decision: 2017
Details

Adverse possession -- Suit for declaration on basis of adverse possession - Not maintainable, as plea of adverse possession is considered to be a defence...........

DELHI HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Suit for declaration and permanent injunction on the basis of Will and Codicil - Testator of Will is still alive thus plaintiff has no cause of action to file the suit, as contended by defendant - However, documents in question are created in praesenti - From the averments of document,..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2017
Details

Possession -- Claimed as alternative relief - Suit for declaration with consequential relief of injunction and alternative relief of possession - Grant of decree of declaration and permanent injunction - Appellate Court modified decree by granting relief of possession also as it came to conclusion that suit land is owned by plaintiff and part of same was in possession of..........

MADHYA PRADESH HIGH COURT

Year of decision: 2017
Details

Specific Relief Act, 1963, Section 34 -- Suit for declaration - Plaintiff in constructive possession of disputed joint family property, in which she has got share - Simplicitor suit for declaration of plaintiff's share in suit property is maintainable...........

MADHYA PRADESH HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 7, Rule 7, Civil Procedure Code, 1908, Order 6, Rule 1, 2, Specific Relief Act, 1963, Section 34 -- Suit for declaration - Relief of partition and possession - Plaintiff not claimed any relief of partition and possession - No pleadings regarding partition - No Court fees paid - It also not mentioned that all joint family properties are..........

ALLAHABAD HIGH COURT

Year of decision: 2017
Details

Specific Relief Act, 1963, Section 34 -- Suit for declaration - Further relief of possession, which should have been prayed not prayed - Held, suit is barred by S.34 of Specific Relief Act...........

DELHI HIGH COURT

Year of decision: 2017
Details

Suit for declaration -- Possession - Permanent injunction and damages - Plea of plaintiff that he purchased the property individually - Plea of defendants that property in question was jointly purchased by plaintiff and defendant - Both the parties failed to prove title documents - However, plaintiff was in prior possession of suit property and his prior possession not..........

SIKKIM HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Section 151, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration and recovery of possession - Claim of plaintiffs are that suit properties illegally transferred in the names of defendants - However, documents relied upon by plaintiffs does not support their claim - Thus, there are pertinent questions that require to be delved into..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Earlier suit for possession by way of specific performance was filed by defendant - Subsequent suit for declaration in respect of same property filed by plaintiff - Agreement to sell in favour of defendant was prior in time, thus suit of defendant for possession by way of specific performance has to be..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2017
Details

Specific Relief Act, 1963, Section 34, Civil Procedure Code, 1908, Section 100 -- Suit for declaration and joint possession - Second appeal - Plaintiff failed to prove nature of property in view of prayer made by him in suit - Suit property is not ancestral property as contended by plaintiff - Concurrent findings of Courts below by dismissing suit is based on oral and..........

Showing : 101-110 of 528 Results