Specific Relief Act, 1963, Section 34 -- Suit for declaration - Simple suit for declaration without claiming alternative relief of injunction, if plaintiff is in possession, or of possession, when plaintiff is out of possession, is not maintainable...........
Transfer of Property Act, 1882, Section 54, Specific Relief Act, 1963, Section 31 -- Cancellation of sale deed - When sale deed in question continues to be valid and defendant had become owner of suit property, suit of plaintiff seeking cancellation of sale deed is not maintainable...........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary party - Eviction suit - Maintainability - All the legal heirs of original tenant are covered under the expression `tenant' and their no, impleadment would consequently be fatal for eviction suit - Suit, held, not maintainable...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance - Amendment sought to challenge cancellation of agreement to sell - Challenge to cancellation of agreement to sell is ancillary to main relief already sought in suit - Independent suit for that purpose will not be maintainable - Delay in filing application in these..........
Agreement to sell -- Specific performance - Maintainability - Agreements to sell of different parcels of land - As the three Agreements to sell were a part of a series of transactions in respect of different parcels of land, all situated in the same village, suit as instituted, held, maintainable...........
Adverse possession -- Suit by plaintiff for declaration of title on the basis of adverse possession is not maintainable - Plea of adverse possession is available only to defendant by virtue of Art.65 of Limitation Act...........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Res judicata - Partition suit - In the earlier suit issue of partition between parties had been finally decided - Second suit of partition of the same land is not maintainable - Plea of plaintiffs that partition was effected during their minority and it was unfair and unjust to the interest..........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 3 -- Compromise decree - Setting aside - Forum - Regular appeal, miscellaneous appeal and a separate suit is not maintainable to challenge a compromise decree - Only remedy available to an aggrieved person, who wants to challenge the compromise decree is to approach the very same Court, which passed the compromise..........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Setting aside - Suit filed by plaintiff for setting aside compromise petition and consequential decree on the ground of fraud and misrepresentation, not maintainable in view of bar provided U.O.23.R.3A CPC - Suit rightly dismissed...........
Civil Procedure Code, 1908, Section 9, Order 7, Rule 11 -- Rejection of plaint - Jurisdiction of civil Court - Suit for declaration of sale deed as null and void - Where some reliefs claimed were relating to revenue entries, suit is not triable by Revenue Court - Civil Court would have jurisdiction to adjudicate the matter - Suit, held, maintainable before civil Court -..........
