Specific Relief Act, 1963, Section 34 -- Suit for declaration - Admittedly, plaintiff was not party to sale deeds - Hence, sale deeds are not binding on plaintiff - Concept of challenging a document comes into play only if person is party to document - Plaintiff has already filed a suit for declaration with regard to ownership on basis of a sale deed, correctness whereof..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that Will and adoption deed is null and void - Attesting witnesses of Will could not identify the person/testator whose photograph was affixed on Will - None of parties to Will and adoption deed appeared before Tehsildar and they did not know parties personally and nor any ceremony of adoption took place in..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Land in question was sold by father of plaintiff through registered sale deed in favour of defendants and they are in continuous possession of same - Plaintiff was well aware of the fact that land in question is mutated in the name of defendants long back still he neither instituted any proceedings..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of civil death of another person - Suit is not maintainable - A suit for declaration can be filed by any person : (a) for his or her legal character, (b) for any right as to any property...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration by legal heirs as to death of the person - After death of a person his heirs, having interest in such legal character, have title to seek declaration of such legal character as to death of the person - Suit at the instance of any such person for declaration is maintainable, if he can stand the test that he is..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of a civil death of a person - Maintainability - Mere suit for declaration of death of a person is not maintainable...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and permanent injunction - Suit properties were allegedly allotted to share of grandmother of plaintiff in a oral partition and she sold the suit properties in favour of plaintiff - However, if really grandmother of plaintiff was allotted such properties and she was in possession and enjoyment of..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and injunction - Plaintiffs vaguely averred that their father was owner and after his demise they inherited property - Original documents under which they are claiming title were never produced on record and only photocopies were produced - Even said photocopies of documents are not duly proved to..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and injunction - Suit property could not be identified by Commissioner or surveyor - In absence of a clear identification of suit property, suit for declaration and injunction rightly dismissed...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title on basis of adverse possession - Plaintiffs and defendants were claiming independent title in respect of suit properties by virtue of relinquishment deed executed by father of plaintiffs in favour of father of defendants - Possession of suit property relinquished was delivered to father of defendants as..........
