Civil Procedure Code, 1908, Order 41, Rule 22, Specific Relief Act, 1963, Section 34 -- Declaration of title and possession - Decree - Objection to - Defendant's husband had received properties situated in three out of five survey numbers in oral partition - Other heir received properties in three Survey Number - Sold the same - Categorical admission by plaintiff that..........
Punjab Co-operative Societies Act, 1961, Section 55, 82, Rajasthan Co-operative Societies Act, 1965, Section 75, 137 -- Bar of jurisdiction of Civil Court to try suit - Plaintiff purchased plot allotted to his vendor by Co-operative Society - Suit filed for declaration of title, restoration of possession and injunction against encroacher-defendant - Neither plaintiff nor..........
Specific Relief Act, 1963, Section 34 -- Further relief, failure to claim - Suit for declaration of title, recovery of possession and injunction - Defendant alleged to be a rank trespasser who was in the process of committing a trespass and was allegedly raising unauthorised construction over the property neither owned nor legally possessed by him - Relief of specific..........
Haryana Public Premises and Land (Eviction and Rent Recovery) Act, 1972, Section 5 -- Eviction of unauthorised occupant of Government land - Land recorded under ownership and possession of Provincial Government from 1924 - 25 to 1994 - 95 - In Column No. 5 of various Jamabandis no entry of any of the petitioners as cultivators nor land in question ever taken on lease from..........
Transfer of Property Act, 1882, Section 111(g), Evidence Act, 1872, Section 116 -- Denial of lessor's title - Where lessee has renounced his character as lessee by setting up title in himself by claiming adverse possession against lessor's title, lessee is estopped from claiming protection under Rent Act - Suit by lessor for declaration and recovery of possession is..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 41, Rule 27 -- Plaint - Amendment at appellate stage - Suit for declaration of title and injunction - As plaintiff dispossessed during pendency of appeal as such relief of possession sought - Courts should try to avoid multiplicity of litigation - Amendment allowed - Appellate Court to invoke..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for permanent prohibitory injunction - By way of amendment relief of declaration of title and possession sought - Amendment sought after 11 years of institution of suit - Plaintiff not debarred from instituting a new suit, hence to avoid multiplicity of suits amendment allowed - Amended plaint shall..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Delivery of possession - Removal of obstruction - Objector claiming independent right over property and asserting its possession - Objector already filed suit for declaration of its title and for declaration that decree passed is not binding on it - Held, filing of independent suit is not a ground to refuse to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for perpetual injunction - Amendment sought to seek relief of declaration and recovery of possession - Held, when a suit is filed initially for perpetual injunction, subsequent application for amendment seeking to convert suit into one for declaration of title is not maintainable...........
Civil Procedure Code, 1908, Order 22, Rule 3(2) -- Co-owners - Suit for declaration of title and for recovery of possession - One of the plaintiffs died during pendency of suit and his L.R's not brought on record - Suit abates in its entirety as in case suit is decreed in favour of surviving co-owners, it will lead to conflict of judgments...........
