Specific Relief Act, 1963, Section 34 -- Suit for declaration - Plaintiff's claim that he is entitled to pass through a two karams wide passage in the land of defendants by way of easement of necessity - Local Commissioner appointed - Factual reports of local Commissioner did not show any passage or patti in existence on the spot - Further negatives plaintiff's case..........
Civil Procedure Code, 1908, Section 100, Order 26, Rule 10 - - Suit for declaration that plaintiffs entitled to use the passage/path by way of easement of necessity - Decreed by trial Court but dismissed in appeal - In second appeal plaintiffs - appellants' stand that they are using the path in dispute for the last 20 years and this fact can be ascertained by deputing a..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of legal marriage and mandatory injunction to provide compassionatory benefits - No near and dear except her own brother examined by plaintiff - No documentary evidence of marriage produced - Photographs not sufficient to prove marriage - Signature of deceased on declaration disputed - Without expert opinion..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction in a suit for declaration claiming to be owner on the basis of registered sale deed - Injunction issued regarding part of land and declined regarding balance - Once sale deed is accepted no justification for excluding any part of land mentioned in the sale deed - Doctrine of severally not applicable..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Contract of Insurance - Death of policy holder - Nominee, a stranger, filing suit for mere declaration that he is entitled to receive money under policy of deceased - Suit not touching right, title and interest of heirs of deceased - Held, suit as framed is maintainable...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 - - Interim injunction in a suit for declaration that land in dispute a thoroughfare and sale of same by Municipal Council in favour of defendant without jurisdiction, null and void and against public policy and public interest - Land in dispute sold by Municipal Council vide registered sale deed and site plan..........
Punjab Land Revenue Act, 1887, Section 45 -- Correction of entry of rent in Jama - bandi - Only Civil Court has jurisdiction to try suit for correction of entries in record - of - rights - Suit under Section 77(3) Punjab Tenancy Act for correction of entry in column of rent in Jamabandi - Not maintainable - Assistant Collector cannot correct entries pertaining to rent in..........
Civil Procedure Code -- Amendment of plaint - Suit for declaration to be owner in possession - During pendency of suit plaintiff dispossessed in execution of orders of Revenue Authorities - Amendment to bring on record subsequent events and also challenge to the order passed by Revenue Authorities being illegal, null and void and not binding - Neither nature of case..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment in a suit for declaration - Plaintiff claiming to be owner in possession having perfected title by way of adverse possession - Applicant claiming present suit to be collusive to frustrate right of applicant in the suit filed for recovery of money which applicant forced to pay as surety of the parties to the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 34 -- Suit for permanent injunction restraining defendants from removing the plaintiff from Convenorship and from the membership of the Committee of the College - Plaintiff removed from the Convenorship and membership before the institution of suit - No relief for declaration of his status..........
