Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Decree of declaration of title and permanent injunction - Execution for restoration of possession as possession alleged to have been taken away by J.D. in violation of decree of permanent injunction - Failure of D.H. to prove that J.D. has willfully violated the said decree - Does not entail dismissal of..........
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,..........
Evidence Act, 1872, Section 112 -- DNA test - Determination of paternity - Suit for declaration of title - Plaintiff claiming himself to be sole surviving heir of deceased - Defendant on the other hand also claiming herself a daughter of deceased though deceased not married with her mother and was subsequently adopted and deceased executed Will in her favour - Both..........
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 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..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Suit for declaration of title - Requirement arises in the case to exercise jurisdiction by appellate Court to call for a further evidence to satisfy itself whether purchaser had purchased same land by paying valuable consideration thereof thrice by means of three independent sale..........
Possession -- Suit for recovery of possession without seeking relief of declaration - Not maintainable, when both the parties have purchased the suit property by different sale deeds and both are claiming title over same...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Where even if plaintiff admitted existence of title in favour of defendant No.9/applicant, that cannot per se disentitle him to an opportunity to prove his case at trial - There is no unequivocal or categorical admission in favour of defendant No.9 - As regarding relief of declaration sought, same are..........
Civil Procedure Code, 1908, Section 100, Specific Relief Act, 1963, Section 34 -- Second appeal - Suit for declaration - Sale deed - Plea of plaintiff that he be declared as owner in possession of suit property - Owner of suit property who executed sale deed in favour of defendant is not a party to present litigation - Previous owner has not challenged legality and..........
