Specific Relief Act, 1963, Section 34 -- Suit for declaration - Further relief of possession, which should have been prayed not prayed - Held, suit is barred by S.34 of Specific Relief Act...........
Suit for declaration -- Possession - Permanent injunction and damages - Plea of plaintiff that he purchased the property individually - Plea of defendants that property in question was jointly purchased by plaintiff and defendant - Both the parties failed to prove title documents - However, plaintiff was in prior possession of suit property and his prior possession not..........
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..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Earlier suit for possession by way of specific performance was filed by defendant - Subsequent suit for declaration in respect of same property filed by plaintiff - Agreement to sell in favour of defendant was prior in time, thus suit of defendant for possession by way of specific performance has to be..........
Specific Relief Act, 1963, Section 34, Civil Procedure Code, 1908, Section 100 -- Suit for declaration and joint possession - Second appeal - Plaintiff failed to prove nature of property in view of prayer made by him in suit - Suit property is not ancestral property as contended by plaintiff - Concurrent findings of Courts below by dismissing suit is based on oral and..........
Civil Procedure Code, 1908, Section 10, 151 -- Stay of suit - Plaintiff filed suit of eviction by claiming title through a sale deed - Defendant after institution of present suit filed a suit for declaration that sale deed was void - Court of Small Causes is a Court of limited jurisdiction and its judgment and decree based on landlord tenant relationship is always subject..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file fresh suit - Reasons furnished by plaintiff for withdrawing suit were not sufficient - Absence of seeking reliefs as to declaration and absence of permission from Gram Panchayat and ownership of disputed road, cannot be treated as formal defects - Production of valid map as per scale..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree set aside after condoning delay of 3690 days - Suit for declaration that marriage between parties is null and void and petitioner was not the father of child/respondent No.2 - Guardian ad litem not appointed by Court - Mother represented minor and has appeared, contested and filed objection on her behalf and..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration on the basis of adverse possession - Suit is not maintainable, as claim of adverse possession can be used as shield and not as a sword...........
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...........
