Showing : 21-30 of 766 Results

CHHATTISGARH HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration of title and possession - Suit property was self acquired property of father of plaintiffs - Father of plaintiffs granted license in favour of defendant - Defendants remained ex parte before Trial Court and did not led any evidence - They have not controverted plea of license..........
CALCUTTA HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Where agreement to sell is itself is not enforceable against defendant Nos.2 and 3, there is no scope for Court to exercise discretion u/s 20(3) of Specific Relief Act to decree suit in respect of shares of defendant Nos.2 and 3 in suit property - Moreover, plaintiff neither..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Joint property-- Property purchased by unauthorized encroacher from some of co-sharers during pendency of suit - An unauthorized encroacher cannot be permitted to defeat right of a co-owner for possession merely by purchasing an undivided share in property during pendency of suit...........
DELHI HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 39, Rule 4-- Ex parte ad interim injunction - Vacation of - Plaintiff nowhere shown to be in possession of any portion of suit property much less exclusive possession of property - No doubt, plaintiff relies on a conveyance deed and mutation of property, however, it is not apparent how he could have claimed..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Suit for partition and separate possession - New plea raised u/s 14 of Hindu Succession Act, 1956 by plaintiff that mother is full-fledged owner of suit property - It is mixed question of law and fact - Such issues cannot be allowed to be raised for first time in second appeal -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 38-- Permanent injunction - Prayer in the alternative for decree of possession - Suit dismissed on the ground that suit is merely for permanent injunction - Validity - Property is a vacant piece of land - Possession of a vacant piece of land always follows title - Both the Courts below have found that..........
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..........

Showing : 21-30 of 766 Results