Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Plaintiff not in possession - Suit not maintainable as consequential relief of possession is not sought...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title and recovery of possession - Plaintiff filed the suit on basis of sale deed executed in his favour by his vendor - However, since vendor of plaintiff was declared by Court in earlier decision to be not having any title, plaintiff has no title to subject property - Consequently, decree for declaration of..........
Goa, Daman and Diu Land Revenue Code, 1968, Section 14(2), 36, 199(2), Goa, Daman and Diu Land Revenue (Record of Rights and Register of Cultivators) Rules, 1969, Rule 5, 6, Specific Relief Act, 1963, Section 34 -- Title of Government to lands - Counter claim - Suit survey is forest land and in exclusive possession of Forest Department - Plaintiff filed Objection to entry..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Court can look into disputed question of title in a suit for declaration based on document of title...........
Specific Relief Act, 1963, Section 34 - - Suit for declaration without seeking relief of possession - Maintainability - When title stands in favour of plaintiff, he is entitled to get declaration in respect of his title - Question of applicability of S.34 Proviso will come into play when there remains a disputed question of possession on basis of title - Suit held,..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration on basis of adverse possession - Suit is maintainable...........
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..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and permanent injunction - Plaintiff claims title over suit property by way of oral partition before 50 years ago - Patta was issued in the name of plaintiff on basis of said oral partition - However, no revenue document was produced to prove his possession for past 50 years - Plaintiff not entitled..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Without seeking relief of possession - Suit is not maintainable, where plaintiffs failed to show their possession over suit property and failed to show their ownership...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and injunction against one of branches of forefathers of plaintiff - Pedigree relied by plaintiffs was not correct - Plaintiffs failed to prove ownership over suit property - Specific issues were framed by trial Court which were answered against plaintiff and even appellate Court also independently arrived..........
