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Results of suit for declaration and injunction

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Showing : 91-100 of 595 Results

CHHATTISGARH HIGH COURT

Year of decision: 2020
Details

Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration of title and permanent injunction - Concurrent findings of fact of two Courts below based on evidence available on record that title over suit property is passed in favour of plaintiffs after execution of sale deeds by father of defendant no.1 in their favour - Said findings neither perverse..........

JAMMU AND KASHMIR HIGH COURT

Year of decision: 2020
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration and injunction - Amendment sought to incorporate relief of possession - Suit for declaration simpliciter is not maintainable, if consequential relief of possession is not claimed in a situation where party seeking declaration is out of possession of suit property - However, this..........

MADRAS HIGH COURT

Year of decision: 2020
Details

Settlement -- Revocation of settlement deed - Suit for declaration of title and permanent injunction - Father executed settlement deed in favour of her daughter/plaintiff - Document under settlement deed is acted upon and property has been mortgaged, which is more than 30 years old - Presumption u/s 90 of Evidence Act should be drawn - Moreover, no suit was instituted..........

MADHYA PRADESH HIGH COURT

Year of decision: 2020
Details

Court Fees Act, 1870, Section 7(iv) -- Court fee - Suit for declaration of title, permanent injunction as well as declaring sale deed as null and void - Plaintiff is a party to transaction, who is trying to avoid sale deed by alleging that same was got executed by playing fraud - Order directing plaintiff to pay ad valorem Court fee is proper...........

CHHATTISGARH HIGH COURT

Year of decision: 2020
Details

Specific Relief Act, 1963, Section 34, 38, 41(h), Transfer of Property Act, 1882, Section 53A -- Decree of declaration of title - Claim for - Plaintiff also seeking relief of permanent injunction restraining defendant from interfering with their possession - Plea of adverse possession by plaintiff - As per averments in plaint, plaintiff's father and thereafter he himself..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2020
Details

Civil Procedure Code, 1908, Section 9, Himachal Pradesh Holdings (Consolidation and Prevention of Fragmentation) Act, 1971, Section 57 -- Suit for declaration and injunction - Suit for declaration that mutation be declared null and void - Ouster of jurisdiction of Civil Court as per S.57 of Act of 1971 is qua those matters which arise out of Consolidation proceedings -..........

CHHATTISGARH HIGH COURT

Year of decision: 2020
Details

Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction on the basis of sale deed - Plea of defendant that full consideration was not paid - Execution of sale deed not denied by defendant - All the right, title and interest over the suit property stand transferred in favour of plaintiff even if case of defendant is accepted that plaintiff..........

CHHATTISGARH HIGH COURT

Year of decision: 2020
Details

Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Suit for declaration of title and permanent injunction - Concurrent findings recorded by both the Courts below that plaintiffs failed to prove partition and possession over suit property, which is a finding of fact based on evidence available on record - Said findings neither perverse..........

JAMMU AND KASHMIR HIGH COURT

Year of decision: 2020
Details

Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Suit for declaration - Both the parties claiming ownership and possession of suit land - Plaintiff failed to produce any document on record to establish identity of suit land which was described by him in site plan annexed with sale deed - Defendant on the other hand placed a copy of demarcation report..........

KERALA HIGH COURT

Year of decision: 2020
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a third party - Suit for declaration of title and permanent injunction - Applicants except stating that they are in possession of property and are cultivating the same for more than 30 years, have not shown that they have a direct interest in the subject matter of litigation so as to allow them to come on..........

Showing : 91-100 of 595 Results