Limitation Act, 1963, Article 58 -- Limitation - Suit for declaration - Suit not filed within three years of accrual of cause of action - Suit filed is not within time...........
Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, Section 229B, 176 -- Suit for declaration before Revenue Court - Limitation - No limitation is provided for filing a declaratory suit before Revenue Court...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration that sale deed is null and void - Plaintiffs in one way pleaded that consideration amount was passed and also that deceased sought to enforce the agreement for re-conveyance - Therefore, instead of seeking relief based on such re-conveyance deed, an untenable relief of declaration..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for declaration that sale deed is null and void - Plaintiffs nowhere in the plaint, specifically mentioned the date, even approximately when they came to know about registered sale deed mentioned in the suit - Contention that deceased used to look after legal affairs and..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of ownership and to declare the sale deed as null and void - Defendant pleaded sale deed in his favour which plaintiff asserted to be forged and created through impersonation - Original sale deed not produced - Leads to inevitable conclusion that had the original document been produced impersonation would have..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration, permanent injunction and possession - Plaintiff filed the suit on the basis of sale deed executed by husband of defendant in his favour - However, Courts below recorded a finding that case of plaintiff is surrounded by doubtful circumstances - Moreover, plaintiff ought to have filed suit..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Whenever there is a cloud cast on title of a person and he claims title then for that purpose he has to file a civil suit and would necessarily lead evidence for the declaration of his right...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Whenever there is a cloud cast on title of a person and he claims title then for that purpose he has to file a civil suit and would necessarily lead evidence for the declaration of his right...........
Specific Relief Act, 1963, Section 39 -- Suit for mandatory injunction - Property under unlawful possession of defendant - Failure to seek declaration and recovery of possession is a legal hurdle in grant of any relief to a suitor - Suit rightly dismissed...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title, permanent injunction and recovery of possession - When plaintiff has sought for declaration of title, permanent injunction and recovery of possession, plaintiff has to establish his title in respect of one acre of land, which was specifically identified as portion of property which according to him..........
