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..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration, possession and for permanent injunction - Amendment sought to incorporate additional prayer of possession by partition and recovery of mesne profits - Proposed amendment if allowed would change the nature of suit, which is not permissible in law - Moreover, there is no explanation,..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for recovery of possession and permanent injunction - Rejection of plaint sought on the ground that plaintiff has not sought relief of declaration of title to property - However, from the averments in the plaint, title claimed by plaintiff is not in dispute - It was thus, not incumbent upon..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration and recovery of possession - Claim of plaintiffs are that suit properties illegally transferred in the names of defendants - However, documents relied upon by plaintiffs does not support their claim - Thus, there are pertinent questions that require to be delved into..........
Limitation Act, 1963, Article 134, Civil Procedure Code, 1908, Section 47, 12, Order 21, Rule 95 -- Limitation - Auction sale - Delivery of possession of property not asked within the statutory period of one year - Remedy of regular suit for declaration of title and recovery of possession is available subject to limitation...........
Civil Procedure Code, 1908, Order 16, Rule 6 -- Production of document - Suit for declaration and recovery of possession - Original sale deed - In possession of vendee, who is dead - Plaintiffs filed certified copy of sale deed - Sale deed is now in custody of son of vendee - Document is vital one - Application allowed...........
Specific Relief Act, 1963, Section 37, 38 -- Suit for permanent injunction - Suit for declaration, injunction and recovery of possession filed by defendant by way of counter claim - Plaintiffs in possession and enjoyment of suit property - Defendants have not produced any other document except patta to establish their title over property - Even otherwise, suit property is..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of ownership - Plaintiff not in possession - Suit is not maintainable without seeking relief of recovery of possession...........
Guardians and Wards Act, 1890, Section 29, 30, Specific Relief Act, 1963, Section 34 -- Alienation by guardian of minor is voidable - Suit for declaration and consequential relief for recovery of possession in absence of prayer to set aside alienation - Not maintainable...........
Evidence Act, 1872, Section 115 -- Estoppel - Suit for recovery of possession - Plaintiff purchased property by way of auction sale u/s 69 of T.P.Act - Defendant filed suit for declaration that auction sale is null and void - However, plaint in said suit is rejected by Court and said judgment became final in the absence of intra Court appeal or review against the same -..........
