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...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and for permanent injunction - Plaintiff did not choose to examine his vendors to establish his title and possession over suit property covered by sale deeds executed by vendors in favour of plaintiff - Vendors of plaintiff are best witnesses to depose their title and possession - Plaintiff thus,..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - In a suit where plaintiff pleads his lawful or peaceful possession over the suit property and his possession is interfered with or threatened by the defendant, plaintiff is required to establish his possession and as such has right to protect his possession against such unlawful interference...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - In a suit where plaintiff pleads his lawful or peaceful possession over the suit property and his possession is interfered with or threatened by the defendant, plaintiff is required to establish his possession and as such has right to protect his possession against such unlawful interference...........
Specific Relief Act, 1963, Section 38, 39 -- Permanent and mandatory injunction - Plaintiff failed to produce a single document of title in respect of suit land - Revenue documents led in evidence are essentially fiscal in nature - Moreover, revenue authorities or revenue Courts cannot decide complicated cases involving disputes regarding title for which jurisdiction only..........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction - Without seeking relief of declaration - Maintainability - When there was no real cloud to title of plaintiff, suit for bare injunction is maintainable...........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction - Plaintiff successfully established his possession and enjoyment of suit property - However, not even a single document has been filed or exhibited on the side of defendant - Mere admission of PW1 that suit property was allotted to defendant No.4 under a oral partition, cannot be sole criteria to..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and permanent injunction - Once plaintiff failed to get any substantive relief, consequential relief of permanent injunction cannot be granted to plaintiff...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title, permanent injunction and recovery of possession - When plaintiff has sought for declaration of title, permanent injunction and recovery of possession, plaintiff has to establish his title in respect of one acre of land, which was specifically identified as portion of property which according to him..........
