Specific Relief Act, 1963, Section 34, 39 -- Suit for declaration that sale deed is illegal and void ab initio and for mandatory injunction directing defendant to remove construction made therein - The relief available to plaintiff was of declaration and possession - Held, suit for declaration and mandatory injunction is not maintainable...........
Specific Relief Act, 1963, Section 34, 38 -- Simpliciter suit for declaration - Maintainability of - Plaintiff not claiming possession of suit land - Since suit land allotted to plaintiff is in possession of State Government therefore, plaintiff was required to file suit for possession along with declaration - Therefore, simple suit for declaration not maintainable...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Consequential relief of permanent injunction and alternative relief of decree for possession claimed - Suit cannot be dismissed on the ground that simpliciter suit for declaration without claiming relief of possession is not maintainable...........
Specific Relief Act, 1963, Section 34 -- Declaratory suit simplicitor - Maintainability - Defendants are in possession by themselves and through their tenants - Suit for declaration of title of property without further relief of possession - Held, suit is hit by proviso to S.34 of the Specific Relief Act, 1963 and is not maintainable...........
Specific Relief Act, 1963, Section 34, 37, 31 -- Suit for declaration of title and injunction - Relief for cancellation of sale deed alleged to have been obtained by fraud and coercion not sought - Suit for declaration is more exhaustive to determine the title or validity of transaction - When relief of declaration of title is granted, it is in substance ignoring or..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Sale deed executed and possession delivered in execution of decree for specific performance - Pendente lite transfer of property during pendency of execution proceedings - Plea of bona fide purchase for valuable consideration without knowledge of alleged defect in title and that in the suit for specific..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Plea that further relief of possession not sought - Plea that it was only symbolic possession which was delivered in execution of decree for specific performance - Held, even symbolic possession amounts to delivery of possession - Even in the sale deed executed in pursuance of execution of decree it was actual..........
Specific Relief Act, 1963, Section 34, Succession Act, 1925, Section 213 -- Suit for declaration of title on the basis of Will - Suit is not maintainable unless the probate or letters of administration of the Will is obtained...........
Specific Relief Act, 1963, Section 34, 42 -- Suit for declaration - Land in possession of defendant upto the filing of suit - No record that defendant was dispossessed therefrom in accordance with law or that he delivered possession thereof - Once defendant is found to be in possession of the land, presumption is that he continued to be in possession thereof, until proved..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Consequential relief of mandatory injunction also claimed - Suit is maintainable even when consequential relief of possession is not claimed...........
