Showing : 61-70 of 860 Results

TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration and consequential relief of possession after evicting defendant - Title and possession of plaintiff proved on record - Plea of adverse possession and title over suit property taken by defendant not proved - Plaintiff declared as owner of property - Defendants directed to..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration - Plea of plaintiff that they purchased suit property from original owner but name of legal heir of original owner is wrongly mutated in revenue record - Remark column of revenue record shows that legal heir of original owner sold suit property to defendants - Plaintiff filed..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 96-- Appeal by person not party to suit - Leave to appeal - Partition suit - Preliminary decree - Appellant is transferee pendente lite - He is in possession of suit property and is directly affected by preliminary decree passed in partition suit - Appellant held, permitted to file appeal against..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Issue regarding whether parties are co-owners/co-sharers or not is decided against plaintiffs in previous suit for permanent injunction - In previous judgment as well as in present litigation, there is proceedings for partition of property before competent authority and Court..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 11, Rule 12-- Discovery of document - Maintainability - Suit for partition and separate possession - Plaintiffs filed suit claiming suit property as ancestral - It is their bounden duty to prove the same by adducing oral and documentary evidence - Admittedly, in present case trial has not begun - Therefore, no..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 11, Rule 12-- Discovery of document - Maintainability - Suit for partition and separate possession - Defendants alleged that plaintiffs are in possession of original deeds but failed to file any material to the same - Fact that the suit property is ancestral and plaintiffs clearly stated that they are not in..........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Suit for declaration of title and permanent injunction - Amendment sought to seek a decree of declaration of ownership and possession over C schedule property - Though new plea is sought to be raised by plaintiff but it cannot be found that plea sought to be raised is totally..........
DELHI HIGH COURT
Year of decision: 2018
Details
Co-owner-- Eviction petition - One co-owner can file suit for eviction against a tenant if there is no opposition of the other co-owners/co-landlords - However, when other co-owners oppose termination of tenancy then ratio of the judgments of Supreme Court in the case of Sk.Sattar Sk.Mohd. Choudhari applies..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Transfer of Property Act, 1882, Section 60-- Suit for possession by way of redemption of mortgage - Maintainability - Once sale deed is executed in favour of defendants pursuant to decree for possession by way of specific performance of agreement to sell, mortgage created by original owner in favour of mortgagees comes to an end - Defendants..........
KERALA HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration of title, recovery of possession and for cancellation of sale deed - Registered sale deed of suit property in favour of plaintiff by defendant is proved on record - Subsequent execution of another deed of conveyance by defendant with respect to same property in favour of..........

Showing : 61-70 of 860 Results