Specific Relief Act, 1963, Section 34 -- Suit for declaration of title on basis of adverse possession - Plaintiffs and defendants were claiming independent title in respect of suit properties by virtue of relinquishment deed executed by father of plaintiffs in favour of father of defendants - Possession of suit property relinquished was delivered to father of defendants as..........
Specific Relief Act, 1963, Section 37, 38 -- Suit for permanent injunction - If title to property was basis of relief of possession, relief for permanent injunction can be said to be a consequential relief in a suit for substantive relief...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Plaintiff claiming title on the basis of sale deed in his favour - Title of plaintiff by virtue of registered sale deed not denied by its vendors who are also party to suit - Defendant being tenant, cannot deny title of plaintiff - Tenant cannot enter into shoes of vendor and contest the matter on the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - After closure of plaintiff's evidence - Defendants by way of amendment wanted to take plea of adverse possession on the strength of defective title by way of oral sale - Amendments sought by defendants and allowed by trial Court will not change the nature and character of suit - Admission of..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Restraining defendant from putting decree for possession in execution till disposal of main suit - Plaint filed by plaintiff does not reveal as to on what basis plaintiff is seeking a better title to suit property - Plaintiff himself stated that suit property is still joint between parties..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining further construction and not to create third party right - Suit for possession on basis of title - Construction was already been made on suit property - Suit is still pending and it is yet to be decided as to whether plaintiffs are entitled to possession of land in question based upon..........
Limitation Act, 1963, Article 65, 109 -- Limitation - Suit for possession filed by daughter - Co-parcenary property - Limitation for suit for possession on basis of title is 12 years - Trial Court held that suit is within limitation - However, first appellate Court merely on the grounds that it was a suit for declaration, limitation was 3 years had dismissed suit and so..........
Specific Relief Act, 1963, Section 38, Evidence Act, 1872, Section 102 -- Permanent injunction - Burden of proof - Agricultural land - Plaintiff filed suit on basis of ownership and title in suit property - However, plaintiffs upon whom burden of proof lies in view of S.101 of Evidence Act failed to produce any document pertaining to title in suit property - Entire..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Re-issue of warrant to Commissioner - Measurement of property on basis of sale deeds of parties - Suit for declaration and recovery of possession - It is for plaintiff to prove his title in order to succeed in suit - If defendant had purchased a portion of property prior to plaintiff's purchase, he would be automatically..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title and recovery of possession - Plaintiff filed the suit on basis of sale deed executed in his favour by his vendor - However, since vendor of plaintiff was declared by Court in earlier decision to be not having any title, plaintiff has no title to subject property - Consequently, decree for declaration of..........
