Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Without seeking relief of possession - Maintainability - Husband executed gift deed in favor of wife and retained possession and right to enjoy property in the gift deed itself - Possessory right and right to enjoy property would be available to wife only after demise of husband - Wife therefore,..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Plaintiff claiming title on the basis of sale deed in his favour - Title of plaintiff by virtue of registered sale deed not denied by its vendors who are also party to suit - Defendant being tenant, cannot deny title of plaintiff - Tenant cannot enter into shoes of vendor and contest the matter on the..........
Specific Relief Act, 1963, Section 34, Specific Relief Act, 1963, Section 34 -- Suit for declaration, recovery of possession and rectification of revenue entries - Plea that in view of re-arrangement between the parties as agreed, the suit land was mutated in the name of defendant and that plaintiff is estopped by agreement dated 24.01.1993 and thus suit is not..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that sale deed is null and void - Sale deed executed on basis of Power of Attorney which original plaintiff no.3 never executed - There was specific denial of very existence of Power of Attorney - Onus was thus, on defendants to have either produced Power of Attorney on record or to have led cogent evidence to..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration without seeking relief of possession - Maintainability - Parties are co-owners of suit property - Suit for declaration without seeking relief of possession is maintainable...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Plaintiff executed power of attorney empowering defendant no.2 to sell property - Defendant no.2 has executed sale deed in favour of defendant no.1 - However, plaintiff contended that defendant no.2 was bereft of authority to transfer the property in view of fact that he..........
Urban Lands (Ceiling and Regulation) Act, 1976, Section 10, Specific Relief Act, 1963, Section 34 -- Surplus land - Suit for declaration and permanent injunction - Possession of land was taken by authority by conducting panchnama for which plaintiff is a signatory - Land was allotted to BDA and same was utilized for public purpose - Belated attempt was made by plaintiff by..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that sale deed is null and void - Sale deed executed in excess acquired under the Will - Will, held not revoked, by executing an agreement in between some of the beneficiaries - Held, sale is valid only to the extent of land which was bequeathed in favour of vendor under the Will - It will be open for the..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that gift deed was obtained by practicing fraud and undue influence and therefore be declared as void - Fraud vitiates every solemn act - Finding rendered by trial Court that gift deed was brought about by practicing fraud and undue influence is unassailable and calls no interference - Order of lower appellate..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - A person not party to the decree - Can only sue for declaration in respect of their rights in relation to the decree - However, a person party to the decree when wants relief to the effect that he is no longer bound by the decree, he should ask for setting aside the decree...........
