Showing : 31-40 of 68 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 23, Rule 1-- Withdrawal of suit with liberty to file a fresh suit on the same cause of action - Suit for mere declaration filed without seeking further relief of possession - Suit was likely to be dismissed as plaintiff was not in possession - Prayer cannot be declined on the ground that relief of possession..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration of title - Consequential relief of permanent injunction and alternative relief of decree for possession claimed - Suit cannot be dismissed on the ground that simpliciter suit for declaration without claiming relief of possession is not maintainable...........
MADHYA PRADESH HIGH COURT
Year of decision: 2011
Details
Specific Relief Act, 1963, Section 34-- Declaratory suit simplicitor - Maintainability - Defendants are in possession by themselves and through their tenants - Suit for declaration of title of property without further relief of possession - Held, suit is hit by proviso to S.34 of the Specific Relief Act, 1963 and is not maintainable...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration - Sale deed executed and possession delivered in execution of decree for specific performance - Pendente lite transfer of property during pendency of execution proceedings - Plea of bona fide purchase for valuable consideration without knowledge of alleged defect in title and..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2010
Details
Suit for possession-- A suit for mere possession or ejection without seeking declaration of title when a cloud is cast on the tile, is not maintainable...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Specific Relief Act, 1963, Section 34, 42-- Suit for declaration - Land in possession of defendant upto the filing of suit - No record that defendant was dispossessed therefrom in accordance with law or that he delivered possession thereof - Once defendant is found to be in possession of the land, presumption is that he continued to be in..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 23, Rule 1-- Withdrawal of suit - Suit for perpetual injunction - Permission sought to withdraw suit and to file a fresh suit for declaration and possession - Even without seeking leave of appeal a fresh suit for declaration and possession can be filed as nature of relief and cause of action in the two..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Specific Relief Act, 1963, Section 38-- Injunction - Contingencies in which a suit for permanent injunction and/or declaration is maintainable analysed viz. (1) When plaintiff is in lawful or peaceful possession of property and such possession is interfered or threatened then suit for injunction simpliciter is maintainable but a person..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 21, Rule 92(4), Civil Procedure Code, 1908, Order 34, Rule 1-- Suit for recovery of statutory charge by Municipality against owner of property - owner not disclosing that he had already sold property and allowing ex parte decree to be passed - Auction sale - Upset price reduced twice without any intimation to judgment debtor - Wife of J.D. purchased property..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 23, Rule 1(4)-- Suit for declaration that land in question joint Hindu Corparcenary property - Earliar suit filled challenging the sale deed executed by father and for declaration to the effect that land is a joint Hindu Corparcenary property - Suit withdrawn -Subsequent suit challenging Will by father and..........

Showing : 31-40 of 68 Results