Specific Relief Act, 1963, Section 34 -- Suit for declaration of title and recovery of possession after evicting defendants - In a suit for ejectment based on title, it was incumbent on the part of Court to record a finding on the claim of title to suit property - Court is also bound to enquire or investigate that question on first before going into any other question that..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration and for recovery of possession - Suit properties were exclusive properties of husband of plaintiff and to meet his medical and agricultural expenses, item No.3 of suit properties was sold to defendant No.3 - Defendant No.3 proved that he was bona fide purchaser of property in question - No evidence is..........
Specific Relief Act, 1963, Section 34 -- Suit for mere declaration - Mere fact that no relief other than declaration is claimed cannot be the reason to decline decree of declaration - Declaration decree does not confer any new right but only clears the mist, which might have gathered around the title to property or the status/legal character of plaintiffs regarding..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Declaratory decree can well be passed by Courts under General Provisions of CPC u/s 9, O.7.R.7 CPC, though exercise of jurisdiction to grant such declaratory reliefs beyond such provisions shall depend upon facts of each case - Such a declaration may be granted when the same in itself is a substantial relief..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Plaintiff is claiming title and possession over suit land alleging that proprietor of village, had settled the suit land in his favour - It stands proved by Amin report and Hukumnama as well as the Rent receipt - Order of Additional Collector directing realization of rent from plaintiff also confirms..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title on the basis of adverse possession - Plaintiff has failed to prove his adverse title by leading cogent evidence - Therefore, additional document produced by defendants are not necessary to dispose of the appeal and there is no need to afford an opportunity to plaintiff to cross-examine defendants with..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Mortgage property - Suit for declaration that plaintiffs become owners in possession of suit land by prescription of time, since the same was not redeemed by mortgagor or his successor-in-interest - Not maintainable, as once a mortgage always a mortgage and there would be no period for redemption for the same...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and permanent injunction - Title of plaintiff over suit property not proved - However, oral and documentary evidence discloses settled possession of plaintiffs from 1968 onwards - Relief of permanent injunction rightly granted even though declaratory relief is not granted...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Plaintiffs claimed their ownership over suit property on the basis of sale deed - They have established the boundaries of disputed property given in their sale deed as disclosed in Commission report and Survey Commissioner Report - Plaintiffs have proved that they are owners of..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and permanent prohibitory injunction - Evidence on record proves that plaintiffs are in possession of suit property - However, plaintiffs failed to prove their title in suit property - Plaintiffs entitled to relief of permanent injunction but not entitled to relief of declaration of title...........
