Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Seeking additional relief - Initially suit for partition and separate possession was filed - By way of amendment, relief of declaration of compromise decree being null and void also sought - It will certainly change the nature of suit - Amendment sought is impermissible...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of ownership in possession - Civil Court cannot grant declaration on the basis of revenue records - It is duty of plaintiff to produce document of title...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration simpliciter - Maintainability - Plaintiff was aware that defendant was in possession of suit property - It was thus, incumbent upon plaintiff to seek relief which follows - Held, suit is not maintainable...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration, permanent injunction and possession - Plaintiff filed the suit on the basis of sale deed executed by husband of defendant in his favour - However, Courts below recorded a finding that case of plaintiff is surrounded by doubtful circumstances - Moreover, plaintiff ought to have filed suit..........
Specific Relief Act, 1963, Section 39 -- Suit for mandatory injunction - Property under unlawful possession of defendant - Failure to seek declaration and recovery of possession is a legal hurdle in grant of any relief to a suitor - Suit rightly dismissed...........
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..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 22 -- Property of senior citizen - Eviction of brother - Senior citizen/respondent is aged about 64 years and is handicapped - Petitioner who is her brother threatened to kill her - Respondent is owner of property as declared in suit for declaration filed by her - No decree for possession was passed..........
Adverse possession -- Suit for declaration of title on the basis of adverse possession is maintainable...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration of title and possession - Property was recorded in the name of two brothers and one brother sold his part of property to plaintiff - Defendants based on sale deeds executed by other brother to them dispossessed plaintiffs - Even, defendants are not certain as to which part of suit property was..........
Adverse possession -- Plaintiff claiming his adverse possession since 1960 - Defendant produced Khasra Girdawaries from 1963-64 to prove possession of father of plaintiff in revenue record as tenant - Copies of khasra girdawaries may not carry the presumption of correctness, however they still form a part of official record - PW3 who is plaintiffs witness admitted in cross..........
