Showing : 41-50 of 860 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Hindu Minority and Guardianship Act, 1956, Section 8-- Property of minor - Agreement to sell by mother - Suit filed by minor for symbolic possession by way of specific performance - Agreement to sell does not by itself create any interest in or charge on property - Same thus, not fall within meaning of word `otherwise', which requires previous..........
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..........
MADRAS HIGH COURT
Year of decision: 2019
Details
Registration Act, 1908, Section 49- - U, registered release deed - Admissibility - Collateral purpose - Defendants intended to mark the document to prove their possession which is for collateral purpose - However, it is nowhere mentioned in release deed that possession of properties are with defendants - Defendants not even sought..........
KERALA HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 22-- Decree of specific performance - Delivery of possession - Decree for specific performance of immovable property can be executed for getting delivery of property from the party to the suit or from any person litigating under them and it cannot be executed for getting possession of property from a..........
MADRAS HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration and permanent injunction - Plaintiff proved to be in possession of property - However, bother-in-law of father of plaintiff is trustee of property and he would be entitled to administer the property as per last wishes of father of plaintiff - Plaintiff thus, has no interest in..........
ORISSA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of a party - Suit for permanent injunction and recovery of possession - Part of suit property alienated to wife of defendant - Interevenor is thus a necessary party to suit - Application allowed...........
KERALA HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 5-- Suit for recovery of possession of trust property filed by worshipper of temple - Suit is not maintainable where neither deity nor trustee is in array of parties in suit, even though alienation of suit property is invalid...........
KARNATAKA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Specific Relief Act, 1963, Section 34-- Rejection of plaint - Suit for declaration and permanent injunction that sale deed executed by defendant Nos.1 to 6 in favour of defendant No.7 is not binding on plaintiff and restraining defendants from alienating or encumbering or creating third party rights - Plaintiff in possession on the..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Suspicion regarding date of execution of agreement to sell - Plaintiff filed suit with incorrect assertions that possession was delivered - More so, plaintiff in his earlier suit for injunction knew that property transferred as per compromise decree under the ownership of..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration and permanent injunction - Plaintiff claimed to be owner and in possession of suit property on the basis of agreement to sell - However, agreement in question was not registered and even same was not on proper stamp paper - Agreement to sell is thus, not admitted in evidence..........

Showing : 41-50 of 860 Results