Specific Relief Act, 1963, Section 34, Suits Valuation Act, 1887 - - Plaintiff however, did not come to Court for claiming his ownership over suit land and challenging interference by defendant over suit land - These are proper reliefs, which only could settle controversy in relation to suit land between parties and not one raised in these proceedings - Suit rightly..........
Limitation Act, 1963, Article 65, Specific Relief Act, 1963, Section 34 -- Limitation - Suit for declaration that gift deed is null and void - Defendant tried to dispossess plaintiff in 2011 on the basis of sale deed, then she came to know about so-called gift deed in favour of defendant - Suit itself filed in 2011 - For filing suit for declaration of gift deed as void,..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of ownership - Limitation - There is no limitation for a true owner to seek declaration qua his ownership unless party in possession of suit property is able to establish that title of true owner gets extinguished by lapse of time on account of his having become owner on basis of adverse possession...........
Specific Relief Act, 1963, Section 34, 37 -- Suit for declaration, damages and injunction filed in High Court on its original side - Leave to file suit granted - Revocation of leave sought on the ground that High Court at Calcutta has no territorial jurisdiction - Revocation of leave - Such question cannot be considered on the basis of application without filing written..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration on the basis of adverse possession - Date of entry into suit land not mentioned - Mere possession of suit land for long time is not sufficient to hold that plaintiff had perfected title by way of adverse possession, unless classical requirements of adverse possession are pleaded and proved - Both the Courts..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Plea of adverse possession - If the plaintiffs are found to be in adverse possession, they cannot seek a declaration to title on the ground that such adverse possession has matured into ownership...........
Specific Relief Act, 1963, Section 34, Suits Valuation Act, 1887 - - Title deed of 1954 not tendered in evidence in course of trial but was sought to be relied upon in title appeal - Such deed gives some semblance of title to plaintiffs in respect of at least six decimal of suit property - However, defendants had no chance to deal with plaintiffs assertion of title based..........
Specific Relief Act, 1963, Section 34, 38 -- Declaratory relief - Suit for declaration and permanent injunction - Sale of suit property to different plaintiffs/vendees - Family partition between vendor and his brother/defendant and family partition was accepted by defendant and he remained in separate possession - Neither defendant questioned validity nor genuineness of..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Where other legal heirs have not questioned plaintiff's inheritance to suit property and defendants, who are only tenants in suit property cannot raise such a plea against plaintiff, particularly when defendants admitted that suit property originally belonged to plaintiff's father - Both the Courts..........
Specific Relief Act, 1963, Section 34, 38, Suits Valuation Act, 1887 - - Plaintiffs entered into written agreement with regard to exchange of suit land with land of defendants - However, defendants pleaded that suit land was mutated in their name on the basis of oral agreement - Mutation entered on the basis of oral exchange is wrong as DW1 admitted that there was no oral..........
