Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Proof of title - In the instant case, dispute is with regard to open land which plaintiffs claims to be owners in possession - Admittedly, plaintiffs have no documents of ownership of land as land falls within Lal Dora of village - Even, no independent witness produced by..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13, Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Bar to jurisdiction - Admittedly, plaintiffs have no documents of ownership of land as land falls within Lal Dora of village - However, Gram Panchayat was able to prove that land was Shamlat Deh vesting in Gram..........
Civil Procedure Code, 1908, Section 100, Specific Relief Act, 1963, Section 34, 38 -- Second appeal - Substantial question of law - Suit for declaration and permanent injunction - Proof of title - As per plaintiffs, once they have claimed that property was within Lal Dora of village it was duty of Court to frame issue and decide the same - However, duty of Court is to..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration, separate possession and permanent injunction - Suit property claimed to be joint property by plaintiff - However, after examining mutation and jamabandis, Court recorded a finding that there were certain entries in mutation from where it is evident that portion of suit property was self acquired of..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Agricultural land - Plaintiff claims to be owner of suit property on the basis of oral partition which took place between ancestors of parties - Defendants admitted said oral partition in family and its implementation - However, defendants failed to prove their ownership over suit..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title, injunction and possession - Entire case of plaintiffs based on ground that they are owner of suit property - Burden is upon plaintiffs to prove as to under what basis they have acquired their right, title and interest over suit properties - However, plaintiffs failed to produce any documents or..........
Specific Relief Act, 1963, Section 34, 39 -- Agreement to sell - Suit for declaration and mandatory injunction - Suit filed almost after 12 years from the date of agreement - Suit not filed for specific performance - It is a misconceived suit - Suit was rightly dismissed...........
Specific Relief Act, 1963, Section 34, 39 -- Agreement to sell - Suit for declaration and mandatory injunction - Agreement to sell not proved on record - Plaintiff thus, have no prima facie case in his favour to file a suit in relation to suit land once agreement was held not proved - Suit dismissed...........
Specific Relief Act, 1963, Section 34, 39 -- Agreement to sell - Suit for declaration and mandatory injunction - Bar of limitation - Agreement in question executed in 1980 - Whereas, suit filed in 1992 - There is nothing to show that agreement was to be kept alive for such a long time - Moreover, agreement itself is not proved, therefore, no suit for claiming any relief in..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration and permanent injunction against State - Non-compliance of provisions of S.304(1) of Rajasthan Municipalities Act, as two months prior notice before institution of suit was not served upon Municipality - However, objection regarding no, compliance of said provision was not taken..........
