Specific Relief Act, 1963, Section 34 -- Suit for declaration that Sanad Takseem and mutation on basis of instrument of partition is illegal, null and void - Plaintiff was proceeded ex parte by Revenue Court in partition suit - If plaintiff is aggrieved by order passed by revenue authorities, then remedy available to him is to file appeal before superior Revenue Court -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Additional/alternate prayer - Suit for declaration of ownership - Amendment sought to incorporate prayer of joint possession in the alternate - Said amendment is necessarily required to be allowed - Petitioner should be permitted to make an additional/alternate prayer, as the case of petitioner should..........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for declaration that sale deed is null and void - Where a person is challenging sale deed and is not a executant of sale deed and is not seeking possession, then he is not required to pay ad valorem Court fee ...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration of ownership - Amendment sought to incorporate alternative relief of possession - Plaintiff was never in possession of suit property as per findings of trial Court - He had claimed ownership on basis of sale deed executed by one `S' - However, ownership of said `S' over suit property..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Original written statement itself disputed the title of plaintiff over suit property - Specific averment in written statement that plaintiff ought to have asked for a declaration cannot be said to be something that amounted to new defence or debarring plaintiff from the advantage of relying on..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for declaration along with consequential relief of injunction - Once date of knowledge is specifically pleaded and forms basis of cause of action, issue of limitation cannot be decided summarily - It becomes a mixed question of law and fact, which cannot be adjudicated at the..........
Partition suit -- Partition suit and declaration of sale deed as null and void - Plaintiffs failed to establish that they are legal heirs of original pattedar - They have also miserably failed to produce cogent material to show their continuous possessions vis-a-vis possession of suit property by defendants - Defendants on the other hand have been able to show that sale..........
Mutation -- Mutation proceedings are summary in nature and they do not decide any right or title between parties, rather they are drawn only for fiscal purposes - Order passed in mutation proceedings are always subject to declaration of rights which may be sought by parties concerned by instituting a regular suit...........
Specific Relief Act, 1963, Section 31 -- Cancellation of document - Where executant of a deed wants it to be annulled, he has to seek cancellation of deed u/s 31 of the Act - But if a non-executant seeks annulment of a deed, he has to only seek a declaration that deed is invalid or non est or illegal or that it is not binding on him...........
Specific Relief Act, 1963, Section 34, 31 -- Suit for declaration of title - Without seeking relief of cancellation of sale deed - Plaintiff not being executant of sale deed was not obligated to sue for its cancellation u/s 31 of the Act, as such an instrument would neither be likely to affect the title of plaintiff nor be binding on him - Suit is maintainable...........
