Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Property acquired by predecessors of plaintiff and their names were recorded in Municipal Survey Khatiyan - Subsequent relinquishment by two co-sharer in favour of predecessor of plaintiff and rent receipt paid by plaintiff's ancestor to municipality in year 1934 and oral evidence clearly prove case..........
Adverse possession -- Can be used as a shield and not as a sword - Plaintiff cannot seek declaration that adverse possession has matured into ownership - Plaintiff can only use his adverse possession as a shield/defence when a suit is filed against him...........
Specific Relief Act, 1963, Section 34, Limitation Act, 1963, Article 65 -- Declaration on ground of adverse possession declined but relief of injunction granted - Relief of injunction not challenged, hence finding became final - Finding of High Court in second appeal that plaintiff is not entitled to injunction were unnecessary and beyond the scope of appeal - Possession..........
Specific Relief Act, 1963, Section 6 -- Scope - Suit u/s 6 of Act is to be tried as summary suit and it is confined to relief of restoration of possession - No relief can be granted for the purpose of declaration of an individual as owner of disputed property. (Paras 4, 6, 7 & 8)..........
Civil Procedure Code, 1908, Section 91(1)(b) -- Public nuisance - Suit for declaration and injunction - Leave to institute suit - While granting leave to institution suit as per provision of S.91(1)(b) CPC Court is required to record its reasons for granting such leave...........
Civil Procedure Code, 1908, Section 91(1)(b) -- Public nuisance - Suit for declaration and injunction - Leave to institute suit - Court is required to satisfy itself prima facie that the cause sought to be agitated by the public spirited persons is genuine - The genuineness of the cause at this stage is required to be assessed by preliminary examination of facts averred in..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Suit for declaration with respect to Will and permanent injunction - Applicant seeking impleadment on his claim that he is in possession as a lessee - Applicant has nothing to contest with regard to validity of Will in question - So far as injunction part is concerned that is only for restraining the..........
Civil Procedure Code, 1908, Order 7, Rule 3 -- Suit for declaration as to right, title and owner of immovable property - Plaintiff is bound to give description of suit property including boundaries thereof and cannot suppress market value of suit property for the purposes of valuation of suit for the purposes of jurisdiction of Court and also the payment of the Court fees...........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Suit for declaration of title and injunction - Failure to give measurements of land - Effect - No measurements given in plaint, as to length and breadth, land had been trespassed - Held, suit ought not to have been decreed - Impugned decree liable to be set aside...........
Civil Procedure Code, 1908, Section 9 -- Suit for recovery of money based on negligence on the part of defendants - Suit is not maintainable without seeking relief of declaration regarding acts and omissions on the part of defendants...........
