Specific Relief Act, 1963, Section 34 -- Suit for declaration - Maintainability - Question regarding maintainability of suit in terms of S.34 of the Act has to be seen with regard to pleadings made in the plaint and would therefore be a question of law which is already settled can be taken at any stage...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Defendant contended that mutation of suit property is in his favour - However, defendant failed to produce certified copy of mutation register - Plea taken by plaintiffs is found trustworthy that defendant is neither in legal possession of suit property nor same was validly mutated in his name - Suit..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Co-sharers - Land in question belongs to Gram Panchayat, which has not been impleaded as party - Injunction sought against co-sharers on the strength of an entry made in the Bahi in the year 1991 at a belated stage after 10 years - Possession is also stated to be of year 1960 and..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that gift deed in favour of defendant is null and void - Plaintiff contended that gift deed in question is forged, as original owner was not alive at the time of execution of gift deed - However, no evidence produced in support of such fact - Story as implanted by plaintiffs has not been found believable by fact..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and permanent injunction - Both the parties claiming title of suit properties - However, property in respect of which defendant claims title is totally different from properties in respect of which suit has been instituted - Trial Court after considering evidence held that dispute between parties..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Barred by limitation - Plea of adverse possession taken by defendant - However, defendant failed to prove that he perfected his title over suit property by continuous and undisturbed possession over same for more than statutory period - Suit filed by plaintiffs not barred by..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Order of injunction granted in favour of plaintiff in earlier suit filed by defendant in respect of 86 cents which included 14 cents of suit property also - Since defendant claimed title in respect of suit property, which was denied by Courts in said earlier suit, it would have..........
Specific Relief Act, 1963, Section 34 -- Proviso - Suit for declaration - Suit without seeking further relief which plaintiffs are able to seek further relief but omitted to do so - Suit is not maintainable...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Plaintiff claimed title of suit property on the basis of land purchased from one `K' - Said `K' derived title from State government by Patta - However, since patta had been revoked and grantee/`K' had no right, title or subsisting right at the time of alienation in favour of..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and injunction - Dispute regarding drawing water from common well - Right of drawing water from common well and right of plaintiff to carry water through channel cannot be obstructed by defendants who are co-sharers of well - Concurrent findings of two Courts below that plaintiffs are entitled to draw water..........
