Showing : 41-50 of 1178 Results

MADRAS HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 39-- Suit for declaration of title and mandatory injunction - Encroachment - Plaintiff did not produce any documents in respect to his title - However, admission made by defendants will prove existence of suit land - Construction made by defendants are all temporary in nature - Report of Advocate..........
ORISSA HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 34, Suits Valuation Act, 1887- - Date of entry into suit land not mentioned by plaintiff - Concurrent findings on record that plaintiff has not perfected title by way of adverse possession - No perversity in said findings - Otherwise also, if plaintiff is found to be in adverse possession, he cannot seek a declaration to the..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 34-- Suit for mere declaration and possession - Without seeking prayer for setting aside sale deeds in question not maintainable, where sale deeds in question were executed by father on himself or on behalf of his minor son without obtaining permission of Court, as alienation is voidable at the..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Court Fees Act, 1870, Section 7-- Ad valorem Court fee - Suit for declaration that sale deed in question is set aside - Where executant of sale deed seeks declaration that it be set aside, it has to be by way of a suit seeking cancellation of sale deed, for which ad valorem Court fee is necessary to be paid...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Limitation Act, 1963, Article 58-- Limitation - Suit for declaration of ownership - Limitation would not be arrested in case title is asserted on the basis of inheritance...........
ORISSA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of intervenors - Suit for declaration of title and permanent injunction - Intervenors asserting their possession over suit land on the basis of oral gift made by defendant - They have also instituted suit along with plaintiffs against defendant in same Court - Said suit is sub judice -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration - Suit as per S.34 Proviso of the Act, can be dismissed only if plaintiffs are entitled to further relief which has not been prayed for - Once plaintiffs were not entitled to any further relief, S.34 Proviso of the Act would have no application...........
ORISSA HIGH COURT
Year of decision: 2019
Details
Adverse possession-- Government property - Plaintiffs paid penalty in Encroachment case to government - When penalty is paid, plaintiff admits title of State - Possession is thus, not hostile to real owner and amount to denial of title to property claimed - Even plaintiffs have failed to prove date of entry into suit..........
ORISSA HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 38-- Permanent injunction - Mere suit for permanent injunction without declaration of title over suit land is not maintainable where a cloud is raised over plaintiff's title and he is not in possession over suit land...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Restoration of suit dismissed in default - Plaintiff was present in almost all hearings before trial Court which indicates that he was genuinely pursuing the matter - Application for restoration of suit filed within period of limitation - Plaintiff having filed the suit for declaration and..........

Showing : 41-50 of 1178 Results