Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Order 7, Rule 11 -- Bar U.O.2.R.2 CPC - Relief claimed in the subsequent suit on the basis of Will was not available to plaintiff at the time of filing of previous suit of perpetual injunction - At the time of filing of earlier suit, plaintiff was not even aware of said Will - It cannot be said that..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration, permanent injunction and possession - Plaintiff filed the suit on the basis of sale deed executed by husband of defendant in his favour - However, Courts below recorded a finding that case of plaintiff is surrounded by doubtful circumstances - Moreover, plaintiff ought to have filed suit..........
Specific Relief Act, 1963, Section 39 -- Suit for mandatory injunction - Property under unlawful possession of defendant - Failure to seek declaration and recovery of possession is a legal hurdle in grant of any relief to a suitor - Suit rightly dismissed...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title, permanent injunction and recovery of possession - When plaintiff has sought for declaration of title, permanent injunction and recovery of possession, plaintiff has to establish his title in respect of one acre of land, which was specifically identified as portion of property which according to him..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Earlier simple suit for injunction was filed and subsequent suit is for declaration - Issue regarding ownership and possession decided against one `S' in earlier suit - Plaintiff in subsequent suit being purchaser of said property from said `S' would definitely be bound by the same - He cannot be permitted to set up..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Without seeking consequential relief of possession - Suit filed by plaintiff is not merely for declaration but consequential relief including suit for permanent injunction and damages has been sought - It is thus, wrong to allege that it is a suit for mere declaration without consequential relief..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Concurrent findings of fact that plaintiff was allotted the suit land vide sale certificate which was duly proved by PW3 - Failure of defendants to produce any sale certificate in their favour as set up by them in written statement besides even proving their possession over suit..........
Specific Relief Act, 1963, Section 38, 34 -- Suit for permanent injunction simpliciter without seeking relief of declaration - When in a suit for perpetual injunction based on title, defendant pleads perfection of his title by adverse possession against plaintiff or his predecessor, plaintiff need not claim a declaration of title, as there was no cloud on title of..........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction - Plea of adverse possession and title - Defendant admitted the ownership of father of plaintiff - Plaintiff became one of co-owners along with his brothers after demise of his father - Deed of partition pleaded by defendant not proved - Two alternative pleas of adverse possession and title was sought..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Suit of plaintiff based on settlement deed executed in his favour and two sale deeds - Settlement deed executed only a few days prior to institution of suit - Sale deeds which plaintiff put forward as documents of title are unregistered documents - Courts below rightly held that..........
