Specific Relief Act, 1963, Section 34 -- Suit for declaration on the basis of adverse possession - Date of entry into suit land not mentioned - Mere possession of suit land for long time is not sufficient to hold that plaintiff had perfected title by way of adverse possession, unless classical requirements of adverse possession are pleaded and proved - Both the Courts..........
Specific Relief Act, 1963, Section 34, Suits Valuation Act, 1887 - - Date of entry into suit land not mentioned by plaintiff - Concurrent findings on record that plaintiff has not perfected title by way of adverse possession - No perversity in said findings - Otherwise also, if plaintiff is found to be in adverse possession, he cannot seek a declaration to the effect that..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title and possession - Plea of ownership on basis of Will by defendant - Executor of Will acquiring title over property by adverse possession but no substantiated material is placed on record with regard to that - Hence, where adverse possession of executor of Will is not proved by evidence, defendant..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of intervenors - Suit for declaration of title and permanent injunction - Intervenors asserting their possession over suit land on the basis of oral gift made by defendant - They have also instituted suit along with plaintiffs against defendant in same Court - Said suit is sub judice - Intervenors are thus, proper..........
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 land, as their father paid the penalty - Element of..........
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..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Relief of declaration of title and recovery of possession sought on basis of subsequent event, as defendants encroached suit property and made constructions over it - Proposed amendment if permitted neither introduce change in nature and character of suit nor change frame..........
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..........
Specific Relief Act, 1963, Section 6 -- Dispossession - Proceedings u/s 6 of the Act are summary in nature and thus, no appeal is provided against decree u/s 6 of the Act - However, limited remedy of revision u/s 115 CPC is provided to unsuccessful party but only by way of exception - Owner or person entitled for recovery of possession on the other hand, has an independent..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for possession and permanent injunction - Grant of decree - Plaintiff claimed ownership on basis of sale certificate - As per perusal of documents, Sale certificate was issued on basis of `restricted auction' and deposition of consideration amount by plaintiff in consonance with provisions of R.6(6)(xiv) of Punjab Package..........
