Specific Relief Act, 1963, Section 34, 37 -- Suit for declaration on the basis of sale deed - Simultaneously plaintiff also claimed title on the basis of adverse possession - High Court held that plea of ownership based on sale deed and plea of adverse possession, both, are contrary to each other and plaintiffs cannot be permitted to take both the pleas at the same time -..........
Limitation Act, 1963, Article 65 -- Suit for declaration that plaintiff and defendants are owners and in joint possession with consequential relief of permanent injunction - Limitation would not commence on mere mutation entries but rather when there is a real threat to possession of plaintiff based on such actions that cause of action would be stated to have arisen - Suit..........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction simplicitor - Without seeking relief of declaration regarding title/ownership would not be maintainable, if dispute of title/ownership is in issue...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Amendment sought to add the relief of declaration that sale deed in question is not binding on rights of plaintiff - Defendants have already filed a counter claim on basis of said sale deed - Sale deed is already before Court - Amendment sought is formal in nature -..........
Civil Procedure Code, 1908, Section 9, Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, Section 331 -- Jurisdiction of civil Court - Suit for permanent injunction and cancellation of sale deed - Plaintiff on the date of institution of civil suit was not recorded in revenue records rather defendant was recorded in revenue records - Civil suit for permanent..........
Court Fees Act, 1870, Section 7(i) -- Ad valorem Court fee - Plaintiff under the garb of suit for declaration with mandatory injunction, is seeking recovery of specified amount of Rs.15 lakhs as damages - It is thus, a suit for money - Ad valorem Court fee as per S.7(i) of the Act is payable according to amount claimed by plaintiff...........
Civil Procedure Code, 1908, Section 92 -- Temple - Public or private - Determination - Temple is being administered by public, that new poojas and festivals are being conducted by them in temple - Public have renovated the temple and constructed buildings without involvement of family of plaintiff No.2 - Merely because a document is not executed by plaintiff No.2 and his..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Earlier suit for permanent injunction and declaration was filed - Subsequent suit for eviction and arrears of rent has no connection with earlier suit - Both the suits are not interlinked in any manner - Application rightly rejected...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file afresh suit - Suit for declaration and recovery of possession sought to be withdrawn and to file a fresh suit for declaration and perpetual injunction - Cause of action itself will change and nature of suit will also change - Order permitting plaintiff to withdraw suit and granting..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Suit for declaration, possession and permanent injunction is pending at the stage of recording of plaintiff's evidence - There is no dispute of demarcation of property in question - Prima facie filing of application U.O.26.R.9 CPC is an attempt by plaintiff to collect evidence which is not..........
