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..........
Court Fees Act, 1870, Article 1 - - Ad valorem Court fee - Agreement to sell - Suit for possession, declaration and cancellation of agreement to sell - Plaintiff is executant of agreement seeking cancellation of agreement to sell - He is required to pay ad valorem Court fee...........
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 -- Suit for declaration and possession - Lower appellate Court decreed the suit in favour of plaintiffs only in respect of possession, while rejecting their claim of right and title over suit land, as plaintiffs failed to prove their title over suit land - Since decree is limited only to possession, there is no requirement at the stage..........
Agreement to sell -- Suit for declaration, possession of suit property by way of specific performance of agreement to sell and for grant of decree of permanent injunction - Privity of contract - There is no agreement between `A' and `K' and `H' - However, owner of property is `P' who admittedly entered into oral agreement with `A' - Further, `A' does not dispute that he..........
Agreement to sell -- Suit for declaration, possession of suit property by way of specific performance of agreement to sell and for grant of decree of permanent injunction - Readiness and willingness - Once defendant nos.2 & 3 have gained knowledge of fact that plaintiff no.2 & 3 are actual intended purchasers and thereafter applied for getting permission to sell in their..........
Adverse possession -- Suit for declaration on plea of adverse possession - There is admission that defendant is the real owner - Plea of adverse possession only lie against the real owner of property...........
