Pepsu Occupancy Tenancy (Vesting of Proprietary Rights) Act, 1954, Section 3 -- Plaintiff filed suit for declaration of title, alleging that his predecessors-in-interest were accorded as Muafidar and on resumption of Muafi they were conferred the status of occupancy tenant as per the entries in Wazib-ul-urj - Suit decreed - Held, once it is proved as per entries in..........
Limitation Act, 1963, Article 65, 66 -- Adverse possession - Plaintiff filed suit seeking declaration of title alleging his possession to be 30 years old, continuous, open and hostile to the true owner - Suit dismissed - Held, plea of adverse possession is only available to defendant in defence against plaintiff - Plaintiff cannot seek declaration of title on the basis of..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title on the basis of adverse possession - Held, declaration cannot be sought with regard to ownership on the basis of adverse possession as plea of adverse possession is available only to a defendant against a plaintiff...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 11 -- Petitioner u/s 11 of the Act claiming ownership over disputed land - Consolidation scheme relied upon by petitioner recites that 2 Kanals of land given for house of petitioner - But in the year 1921, measurements were in bighas and not in Kanals, and therefore, said recital in document of doubtful veracity -..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plea that ad valorem Court fee is payable - Suit for declaration that plaintiff alongwith defendants No.1 to 3 are owners in joint possession - Plaintiff claiming relief of declaration and injunction on the basis of existing title - Trial Court dismissed the application by holding that it is a mixed..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Name of plaintiff not shown in any capacity in the revenue records - Plaintiff also admitted in his evidence that he has been residing outside the suit land - It is clearly established that plaintiff is not even in possession of the suit land - No reason to interfere with the impugned judgment...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for specific performance - Amendment cannot be allowed to change the nature and character of suit from being a suit for specific performance of an agreement to one of declaration of title and possession...........
Specific Relief Act, 1963, Section 38 -- Injunction - Contingencies in which a suit for permanent injunction and/or declaration is maintainable analysed viz. (1) When plaintiff is in lawful or peaceful possession of property and such possession is interfered or threatened then suit for injunction simpliciter is maintainable but a person in wrongful possession is not..........
Transfer of Property Act, 1882, Section 58(d), Limitation Act, 1963, Article 61, Specific Relief Act, 1963, Section 34 -- Usufructuary mortgage - Declaration by mortgagee in respect of title over suit property after expiry of period of limitation to sue for foreclosure - Right to redeem or recover possession, when no time limit is fixed for redemption, accrues to mortgagor..........
Specific Relief Act, 1963, Section 34, Specific Relief Act, 1963, Section 34 -- Suit for declaration of title simpliciter not maintainable unless consequential relief is also prayed for i.e. relief of possession - In the instant case plaintiff also prayed for permanent injunction restraining defendant from interfering in the possession of plaintiff - Suit maintainable in..........
