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 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...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of subsequent purchasers - Suit for declaration of title and perpetual injunction - Registered sale deed was executed in favour of respondents in respect of suit property pending the suit - Unless evidence was led on aspect of sale transaction, no one could conclude whether said transaction is genuine or..........
Will -- Mutation on the basis of Will - Name of a beneficiary can be mutated provided the Will is duly proved and for that purposes the beneficiary has to approach Civil Court for declaration of his title...........
Will -- Mutation on the basis of Will - Name of a beneficiary can be mutated provided the Will is duly proved and for that purposes the beneficiary has to approach Civil Court for declaration of his title...........
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...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for declaration that sale deed is null and void - Plaintiffs nowhere in the plaint, specifically mentioned the date, even approximately when they came to know about registered sale deed mentioned in the suit - Contention that deceased used to look after legal affairs and..........
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 34 -- Suit for declaration - Whenever there is a cloud cast on title of a person and he claims title then for that purpose he has to file a civil suit and would necessarily lead evidence for the declaration of his right...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Whenever there is a cloud cast on title of a person and he claims title then for that purpose he has to file a civil suit and would necessarily lead evidence for the declaration of his right...........
