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Results of suit for possession declaration of title

Showing : 31-40 of 214 Results

MADRAS HIGH COURT

Year of decision: 2018
Details

Specific Relief Act, 1963, Section 38 -- Permanent injunction - Plaintiff claims title to suit property on the basis of Patta jointly granted in favour of plaintiff and defendant - Defendant thrown a serious challenge to claim of plaintiff's title, possession and enjoyment of suit property before institution of suit - Plaintiff should have sought for relief of declaration..........

GUJARAT HIGH COURT

Year of decision: 2018
Details

Specific Relief Act, 1963, Section 34, 37, 38 -- Suit for injunction, declaration and possession - When can be filed - Where plaintiff is in possession, but his title to the property is in dispute, or under a cloud, or where defendant asserts title thereto and there is also a threat of dispossession from the defendant, plaintiff will have to sue for declaration of title..........

TELANGANA AND ANDHRA PRADESH HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 8, Rule 5 -- Written statement - Specific denial - Suit for declaration - Defendant in his written statement clearly denied the possession and title of plaintiffs - Moreover, by pleading adverse possession plaintiffs have themselves admitted title of defendants, which is not extinguished - Objection raised by plaintiffs that there is no..........

DELHI HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Section 11 -- Res judicata - In earlier suit issue of title adjudicated as part of the issues struck in a suit for grant of decree of possession - Same binds parties and subsequent suit does not lie for declaration of title...........

TELANGANA AND ANDHRA PRADESH HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file afresh suit - Suit for injunction - Affidavit filed by plaintiff discloses that formal defect in suit is unworkable prayer and sufficient grounds are shown that plaintiff purchased the property from defendant - There is thus, necessity for seeking declaration of title and relief of..........

ORISSA HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Suit for declaration of title and recovery of possession - Certified copy of gift deed sought to be produced by way of additional evidence by defendants - No material on record that gift deed was handed over to counsel for defendants - Attributing misconduct on part of counsel per se..........

BOMBAY HIGH COURT

Year of decision: 2018
Details

Specific Relief Act, 1963, Section 34, Easement Act, 1882, Section 60(b) -- Suit for declaration of title and possession - Inconsistent pleas of ownership and easement in alternative taken by defendant - Plaintiff proved that he is owner of property - Defendant having failed to prove his ownership, cannot now be permitted to turn around and claim that by virtue of..........

PATNA HIGH COURT

Year of decision: 2017
Details

Specific Relief Act, 1963, Section 34 -- Suit for declaration of title and confirmation of possession - Plaintiff not in possession of suit land on the date of institution of suit - Held, suit is not maintainable in absence of specific prayer for recovery of possession as required by S.34 of the Act...........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Specific Relief Act, 1963, Section 38 -- Permanent injunction - Touchstone upon which suit has to be decided is lawful possession and not ownership - Since defendant filed a separate suit against plaintiff for declaration of ownership of suit property and same is dismissed, there is no need to express any opinion on question of title and ownership of plaintiff - High Court..........

DELHI HIGH COURT

Year of decision: 2017
Details

Specific Relief Act, 1963, Section 34, 38, Civil Procedure Code, 1908, Order 21, Rule 101 -- Suit for declaration that decree of possession passed in civil suit is null and void and also for permanent injunction and compensation - Objections against said decree already filed U.O.21.R.101 CPC in execution petition - Separate suit for declaration against the very same decree..........

Showing : 31-40 of 214 Results