Showing : 21-30 of 853 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration - Decree alleged to be illegal, null and void - Concurrent finding of three courts that decree was collusive - Despite such collusive decree, suit property continued to be in the name of original owner - Plaintiff Nos. 2 to 9 who purchased property from plaintiff No.1 are bona..........
BOMBAY HIGH COURT
Year of decision: 2019
Details
Transfer of Property Act, 1882, Section 108-- Lease - Lease of open plot and lessee was under obligation to handover possession of suit property in the state in which he received it - Lessee though permitted to raise construction on suit property but since he did not remove it, suit property did not assume character of `Premises' in terms of..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Suit for permanent prohibitory injunction - Concurrent findings of fact of Courts below is on record that plaintiff was not able to prove that suit property was in his possession - Suit property was in fact in possession of estate right holders - Findings entered by both the Courts..........
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,..........
PATNA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 11- - Constructive res-judicata - Earlier suit for declaration of title and subsequent suit for possession - Earlier suit was between same parties for same property - Even, issue involved in subsequent suit is directly and substantially involved in earlier - Moreover, only on guise of forceful..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Limitation Act, 1908, Article 140, 141-- Limitation - Alienation made by Hindu Widow - Suit for recovery of possession by reversioners (heirs) - Property alienated by Hindu Widow in favour of her brother in 1913 - Undoubtedly it was open to reversioner to proceed on the basis that such alienation does not bind her - Widow died in 1938 -..........
CHHATTISGARH HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 6-- Dispossession - Suit for possession and damages - Suit filed by plaintiff on the basis of registered sale deed executed in favour of his son - Defendant started interfering in peaceful possession of plaintiff and dispossessed him illegally after reversing mutation by revenue authority without..........
UTTARAKHAND HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Cause of action - Suit for declaration of title on basis of adverse possession - Suit property already transferred by defendant in favour of his daughter prior to filing of suit - Plaintiff did not challenge said sale deed, he thus, had no cause of action to institute suit..........
GUJARAT HIGH COURT
Year of decision: 2019
Details
Hindu Law -- Joint Family Property - Transfer of undivided share by co-sharer - Purchaser of a coparcenar's undivided share in joint family property is not entitled to possession of what he had purchased - But he has a right to sue for partition of property and ask for allotment of his share in suit property...........

Showing : 21-30 of 853 Results