Specific Relief Act, 1963, Section 34 -- Suit for declaration - Plaintiff in constructive possession of disputed joint family property, in which she has got share - Simplicitor suit for declaration of plaintiff's share in suit property is maintainable...........
Hindu Succession Act, 1956, Section 6(u -- Inheritance - Suit for declaration of title - Suit property is co-parcenary property of grandfather of plaintiff, who expired in 1959 - Succession will open after death of grandfather of plaintiff - Present suit filed in 1993 - Since plaintiff is a daughter, parties are governed by provisions of old S.6 of the Act and amendment in..........
Specific Relief Act, 1963, Section 38 -- Permanent prohibitory injunction - Plaintiff claimed his title on the basis of his possession - However, plaintiff dispossessed from a major portion of property during pendency of suit and he had not claimed any relief of possession - Plaintiff was out of possession and he cannot be put in possession, without his making a prayer for..........
Transfer of Property Act, 1882, Section 70, 63 -- Accession - Property obtained by way of exchange by mortgagor, cannot be said to be accession...........
Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 24, 25, 31, Transfer of Property Act, 1882, Section 70, 63 -- Recovery of debt - Realization of dues from mortgaged properties - Educational Trust took loan by mortgaging 6 properties and running institutions from loan amount - Despite earning profits, Trust not repaying loan amount - Education..........
Hindu Adoptions and Maintenance Act, 1956, Section 19, 20 -- Maintenance to child - Self acquired property - Child born out of void or voidable marriage can not claim inheritance in ancestral coparcenary property but is entitled to claim share in self acquired property...........
Civil Procedure Code, 1908, Section 9, Wakf Act, 1995, Section 83 -- Jurisdiction of civil Court - Jurisdiction of civil Court is barred when question involved in the suit is whether suit land is wakf property or not, as said question can be decided only by Tribunal and not by Civil Court...........
Specific Relief Act, 1963, Section 34, Civil Procedure Code, 1908, Section 100 -- Suit for declaration and joint possession - Second appeal - Plaintiff failed to prove nature of property in view of prayer made by him in suit - Suit property is not ancestral property as contended by plaintiff - Concurrent findings of Courts below by dismissing suit is based on oral and..........
Evidence Act, 1872, Section 101 -- Burden of proof - Joint family property - Initial burden lies upon member who alleges that property is joint family property - If initial burden is proved, burden shifts to member of joint family setting up claim that it is his/her personal property...........
Agreement to sell -- Specific performance - Limitation - Defendant expressed his unwillingness to register the property in the year 1997 - Limitation to file suit is three years from the date of refusal by defendant - Suit filed in the year 2008 - Suit is barred by limitation. (Specific Relief Act, 1963, S.54)...........
