Showing : 41-50 of 1241 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Adverse possession -- Defendant encroached upon land of plaintiff in the year 1983 - Suit for declaration filed by plaintiff in the year 1992 is within 12 years from date of knowledge of such encroachment - Plea of adverse possession was thus, not available to defendants against plaintiff, because 12 years had not been..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration by sisters - Sale of property by Karta/brother - Suit in question was apparently a collusive suit filed at the behest of Karta through his sisters and family members to avoid execution of a valid decree passed in favour of purchasers/defendant nos.1 and 2 - Suit property sold..........
KARNATAKA HIGH COURT
Year of decision: 2019
Details
Limitation Act, 1963, Article 59, Specific Relief Act, 1963, Section 34, 38-- Limitation - Suit for declaration and perpetual injunction - Sale deed executed by defendant no.1 in favour of defendant no.2 during pendency of earlier suit of declaration filed by plaintiff - Question of limitation does not arise since sale deed was executed during pendency of suit property -..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 21, Rule 26, 29-- Stay of execution proceedings - Once judgment and decree passed in favour of predecessor-i, interest of DH has attained finality, execution of same cannot be stayed simply because another civil suit stands filed now by JDs for declaration and injunction against DH, that too same issue agitated..........
MADRAS HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 38-- Suit for permanent injunction without seeking relief of declaration - Maintainability - Where defendants failed to establish their claim of title, possession and enjoyment of disputed property and plaintiffs on the other hand proved their ownership, possession and enjoyment of suit property, there..........
CHHATTISGARH HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration of title, injunction and for possession - Execution of two sale deeds by vendor of the same property - Sale deed executed in favour of plaintiff prior in time - Since property was already purchased by plaintiff as such further alienation of suit land will not confer any right,..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Hindu Succession Act, 1956, Section 15-- Property of Hindu female dying intestate - Hindu female inherited property of her husband on basis of Will - Same was duly accepted by plaintiffs being step children of Hindu female - She died intestate without executing any Will during her lifetime - Property thus, has to devolve upon her..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Suit for declaration of ownership and perpetual injunction - Gram Panchayat chose not to defend the matter even after filing application U.O.7.R.11 CPC - It was only after fresh elections new Gram Panchayat moved application U.O.9.R.13 CPC - Issue of delay in..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration of ownership - Father executed Will in favor of second wife - Same was duly accepted by plaintiffs being step children - Merely because property originally belonged to father of plaintiffs, it cannot be a ground to decree their suit...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of a party - Partition suit - Daughter seeking impleadment after death of her father and mother claiming share left behind by them - Partition effected pursuant to decree passed in earlier suit for declaration cannot in any way disentitle daughter from claiming share in property of her..........

Showing : 41-50 of 1241 Results