Specific Relief Act, 1963, Section 34 -- Suit for declaration - Without seeking relief of possession - Maintainability - Co-owners - Plaintiffs are co-sharers in suit property to the extent of 1/3rd share each - Every co-owner is deemed to be in joint possession of every inch of joint land even if same is in exclusive possession of one of co-owners - However, co-owner in..........
Surplus area -- Determination of surplus area under Punjab Security of Land Tenures Act not confined to declaration of surplus and selection of permissible area also covered under expression determination of surplus area...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration and possession - Lower appellate Court decreed the suit in favour of plaintiffs only in respect of possession, while rejecting their claim of right and title over suit land, as plaintiffs failed to prove their title over suit land - Since decree is limited only to possession, there is no requirement at the stage..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Suit for declaration of title - Requirement arises in the case to exercise jurisdiction by appellate Court to call for a further evidence to satisfy itself whether purchaser had purchased same land by paying valuable consideration thereof thrice by means of three independent sale..........
Conversion of residential leasehold plot to freehold land -- Conversion charges - Respondent was unauthorizedly in occupation of adjacent land which was covered by barbed wire fencing - He had been asked to vacate a portion of government land - Respondent would necessarily have to pay conversion charges on the date when a final decision was taken after due verification..........
Rajasthan Tenancy Act, 1955, Section 88 -- Suit for declaration u/s 88 of Rajasthan Tenancy Act and alternatively for permanent injunction - Plaintiff was admittedly not in possession of suit property - Land in question was in the name of defendants and Parcha settlement was also issued in their names - Even there was no evidence that plaintiff was in possession of suit..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration - Petitioner is daughter of author of the Will, therefore, she knew from the very beginning as to whether said land was ancestral or not - Evidence for declaring the Will as forged and fabricated would be entirely different from alleging that said land cannot be made a subject matter..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration and possession - Factum of land being owned by plaintiffs is not in dispute because this has been admitted by defendants themselves in written statement - Contention of defendants that their possession over suit land was legal as suit land stood acquired for them and compensation stood paid to land owners is not..........
Co-owner -- Suit has not been simply for declaration but for declaration to the effect that plaintiff-respondents and defendant-appellant as well as defendant-respondents are owners in joint possession in equal shares of the suit land - Maintainability of suit - Appellant failed to produce any convincing evidence on record to prove that she was in actual physical..........
Will -- Proof of - Execution of Will in favour of defendants - Plea of fraud by plaintiffs - No FIR was lodged regarding alleged fraudulent execution of Will - Defendants themselves appeared in evidence and categorically stated that Will was executed by executor of his own free will and volition and that he was not suffering from any kind of ailment when Will was executed..........
