Specific Relief Act, 1963, Section 34 -- Suit for declaration that sale deed in question was bereft of consideration and vitiated by coercion - Absence of pleading and proof to establish intention of plaintiff to sell - However, defendant stated that sale deed in question is a continuation of agreement to which plaintiff was a party and same was produced in criminal Court..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Not maintainable if plaintiff is not in possession of suit land...........
Specific Relief Act, 1963, Section 34, Civil Procedure Code, 1908, Section 47, Order 21, Rule 90 -- Suit for declaration of tile - Plea that auction sale is not binding on ground of fraud - Remedy for setting aside sale on ground of irregularity or fraud is by way of filing application U.O.21.R.90, S.47 CPC and not by filing a civil suit...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Claiming ownership on basis of agreement to sell - Suit is not maintainable - Only remedy available to plaintiff is to file suit for specific performance of agreement to sell...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration and permanent injunction - Maintainability - Once plaintiffs have failed to prove their title over vacant suit land, they cannot claim that they are in possession of it - Since physical possession of land is not with plaintiffs, simplicitor suit for declaration and permanent injunction, not maintainable...........
Limitation Act, 1963, Article 58, Specific Relief Act, 1963, Section 34 -- Suit for declaration of ownership - Limitation - Plaintiffs came to know about wrong revenue entries qua suit land in January 1994, which furnished them cause of action to file the suit - Suit filed in April 1994, is therefore, within limitation after accrual of cause of action in favour of..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration to the effect that plaintiff is Donor trustee - Plaintiff became donor trustee after death of her husband, as nominated by him - Said nomination in favour of plaintiff vide resolution 1994 was approved by State Government - Concurrent findings of Courts below cannot be found fault with declaring plaintiff being..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent prohibitory injunction - Declaration sought that suit property is ancestral property and it cannot be divested by father of plaintiff by way of relinquishment deed - No material adduced by plaintiff that suit land was ancestral property and plaintiff having coparcenary rights over the same - As..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Defendant in possession - Suit for mere declaration without seeking relief of possession is not maintainable...........
Specific Relief Act, 1963, Section 14, 34 -- Contract of personal service - Cannot be specifically enforced - Termination of service of an employee by a private company, at best, gives right to aggrieved employee to sue for compensation in money - Suit for declaration that termination is illegal is not maintainable...........
