Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary party - Suit for declaration of title and recovery of possession - Plaintiff is absolute owner of suit premises and has got title and defendant's possession thereof is merely permissive out of grace and sympathy and she has no right, title and interest - Plaintiff has brought the suit against defendant..........
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..........
Limitation Act, 1963, Article 56 -- Limitation - Suit for declaration, delivery of possession and permanent injunction - Suit not filed within three years of having knowledge of execution of sale deed - Suit filed is not within limitation - Suit filed is barred by limitation - Suit rightly dismissed...........
Suit for possession -- Father of plaintiff donated the suit property to State and State constructed a Hospital over the land in 1958-59 - Suit for possession without seeking declaration is not maintainable - Moreover, suit filed after almost 43 years is clearly barred by limitation - Merely because name of plaintiff continued in revenue record, it would not confer any..........
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..........
Adverse possession -- Suit for declaration of title on the basis of adverse possession - Isolated land tax receipt - Not sufficient to prove adverse possession...........
Adverse possession -- Suit for declaration of title on the basis of adverse possession - Plaintiff sought prescriptive title on the basis of UDR patta issued in his name - However, said patta have no seal of official who signed the document - Even, date of document also not mentioned - Patta was issued in favour of plaintiff without notice to defendants, who were original..........
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..........
Registration Act, 1908, Section 49 -- Proviso - Un-registered sale deed - Suit for permanent injunction - Suit is only filed for permanent injunction and not for declaration of title over property - Un-registered sale deed thus, can be received as evidence for collateral purpose to prove the possession of property subject to proof and relevancy...........
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...........
