Specific Relief Act, 1963, Section 34, 37, 38, Easements Act, 1882, Section 15, 35 -- Public road - Construction of wall by defendant - Plaintiff's easementary right obstructed - Suit for declaration and injunction - Suit is maintainable against defendant without impleading Govt./N.A.C. - No person has any right to make construction over the land belonging to the..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Maintainability - Plaintiff sought declaratory relief with further relief as to wrong mutation entries - Since plaintiff continues to be in possession, he has not sought for any injunctive relief and therefore, suit for mere declaration is not hit by S.34 Proviso of the Act - Moreover, defendant failed to lay..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Dismissal of suit - Plea of defendant that claim for part of land has not been raised before trial Court is not maintainable before High Court - Plea held, not tenable as plaintiff claimed declaration qua their rights in suit land to the extent of 1/12th share by challenging sale deed - Courts were under..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title and confirmation of possession - Plaintiff not in possession of suit land on the date of institution of suit - Held, suit is not maintainable in absence of specific prayer for recovery of possession as required by S.34 of the Act...........
Specific Relief Act, 1963, Section 34, 38, Civil Procedure Code, 1908, Order 21, Rule 101 -- Suit for declaration that decree of possession passed in civil suit is null and void and also for permanent injunction and compensation - Objections against said decree already filed U.O.21.R.101 CPC in execution petition - Separate suit for declaration against the very same decree..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Maintainability - Where plaintiff established his possession and enjoyment of extent of his share inclusive of extra land as claimed by defendant, there is no need on part of plaintiff to institute suit for recovery of possession of disputed property - Suit for declaration and..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for possession and permanent injunction - Grant of decree - Plaintiff claimed ownership on basis of sale certificate - As per perusal of documents, Sale certificate was issued on basis of `restricted auction' and deposition of consideration amount by plaintiff in consonance with provisions of R.6(6)(xiv) of Punjab Package..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration claiming ownership on the basis of sale deed - Property purchased during pendency of execution petition at the hands of defendant No.1/earlier decree holder - Plaintiff stepped into the shoes of his vendor - Separate suit to challenge the legality and validity of proceedings conducted vis-a-vis sale of property,..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Co-owner - Suit for declaration by a co-owner without seeking relief of possession is maintainable as every co-owner is deemed to be in possession of every part of the land...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that defendant no.2 is not adopted son of defendant no.1 - Not maintainable, at the instance of plaintiff, as he is stranger to family of defendant no.1...........
