Kerala Court Fees and Suits Valuation Act, 1959, Section 25(d)(i) -- Court fee - Suit for declaration or cancellation of document - When cancellation or declaration of a document is null and void is sought, Court fee shall be paid valuing the same on the basis of value shown in the document...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title on basis of adverse possession - Plaintiffs and defendants were claiming independent title in respect of suit properties by virtue of relinquishment deed executed by father of plaintiffs in favour of father of defendants - Possession of suit property relinquished was delivered to father of defendants as..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Suit for declaration of title based upon Will - Apprehension that defendants may create third party interest or alienate property since certain revenue records are said to have been made in their favour in respect of very same property - Defendants rightly restrained by appellate Court..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration without claiming further or consequential relief - Relevant only at the time of final adjudication of suit - Plaint not liable to be rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11, Specific Relief Act, 1963, Section 34 -- Suit for declaration that cheque was issued as a security - Plaintiff cannot be permitted to seek relief in a suit which would frustrate the defendants from initiating a prosecution against plaintiff or seeking any other remedy available in law - Plaint is liable to be rejected..........
Specific Relief Act, 1963, Section 34, 39 -- Suit for declaration and mandatory injunction - Plaintiff on the basis of sale deed filed suit for declaration of his title to `A' scheduled property and for declaration that `B' scheduled property is a common property - Case of plaintiff is duly established by said sale deed - Title of defendant over suit property as claimed by..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - In suit for declaration of title, it is incumbent on part of plaintiff to disclose source of title...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Claim of title was based on settlement of land - However, in absence of settlement of land in favour of plaintiff followed by evidence of possession, there is no infirmity in concurrent finding of facts recorded by Courts below while dismissing suit of plaintiff - Suit rightly dismissed...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Plaintiffs claiming title over land on basis of inheritance from recorded tenant - They led evidence in support of their case - Defendants claims title on basis of settlement by Hukumnama - However, pleadings of defendants on these crucial facts has remained unsupported by evidence - In the absence of..........
Specific Relief Act, 1963, Section 38, 34 -- Suit for permanent injunction - Defendant claimed himself to be owner and in possession of suit property - It was incumbent upon plaintiff to amend plaint and convert suit into a suit for declaration and injunction, which was not done - For want of declaratory relief, suit for bare injunction is not maintainable...........
