Showing : 1-10 of 127 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Adverse possession-- Perfection of title by adverse possession - Suit for declaration of title and permanent injunction on the basis of perfection of title by adverse possession is maintainable...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 38-- Suit for permanent prohibitory injunction - Once it is proved that plaintiff is in possession, then regardless of title of property or capacity in which plaintiff is holding property, he would normally be entitled to an injunction...........
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..........
ORISSA HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 38-- Permanent injunction - Simple suit for permanent injunction without seeking declaration of title is not maintainable, when plaintiff's title is in cloud of suspicion...........
ORISSA HIGH COURT
Year of decision: 2019
Details
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 -..........
ORISSA HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 38-- Permanent injunction - Mere suit for permanent injunction without declaration of title over suit land is not maintainable where a cloud is raised over plaintiff's title and he is not in possession over suit land...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration of ownership and permanent injunction - Plaintiffs unable to furnish necessary documentary and oral evidence to prove their claim - Defendant on the other hand put the earlier order involving same property in which is it was held that suit property is related to temple and..........
KARNATAKA HIGH COURT
Year of decision: 2018
Details
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 on the..........
MADHYA PRADESH HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration of title and permanent injunction - Unregistered partition deed - Said document can be relied on only for collateral purpose - In present case, plaintiff failed to prove possession over suit land, thus, said partition deed could not be used for collateral purposes - More so,..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 37, 38-- Injunction - Question regarding title and ownership of suit property by adverse possession is a blended question of fact and law which cannot be directly or substantially put in issue in a suit for permanent injunction...........

Showing : 1-10 of 127 Results