Specific Relief Act, 1963, Section 34 -- Suit for declaration of title and possession - Plaintiffs must succeed on the strength of their own title alone and not on the mere pleading that defendants are trespassers and not entitled to continue in possession - Mere producing sale deed does not establish title of plaintiff unless it is proved by examining attesting witnesses..........
Civil Procedure Code, 1908, Section 99 -- Misjoinder or non-joiner of parties or misjoinder of causes of action - Decree cannot be varied merely for this reason unless they affect the case of plaintiff on merits and touch the jurisdiction of Court - Plaintiffs have no common causes of action - Property not purchased by plaintiffs jointly - Encroachments not made by..........
Will -- Execution - Proof - At least one of attesting witnesses has to be called for proving its execution - Where this requirement has not been complied with for no reason, suit for relief of declaration and injunction based on such Will is liable to be dismissed...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 - - Temporary or ad interim injunction - Power of Court not only arises from provisions of Order 39 or under provisions of Specific Relief Act - Cases not covered under Order 39 - Court can still grant injunction under Section 151 - Inherent power of Court to grant injunction to meet ends of justice or to prevent..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Where identity of property involved in suit for declaration of title and for injunction is disputed, Court can issue commission to make local inspection to identify property involved - Decreeing suit without resolving such dispute is irregularity...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Suit for declaration and possession - Defence already taken in written statement that suit property is joint family property - Amendment to add that party is co-owner and entitled to share in suit property - Amendment sought is essentially based on the averments which are already made -..........
Specific Relief Act, 1963, Section 34, Hindu Marriage Act, 1955, Section 7 -- Marriage - Denied by wife - Suit by her for declaration that there was no marriage at all between parties - Suit is maintainable...........
Hindu Succession Act, 1956, Section 14 -- Widow having life interest - Sale prior to coming into force of Hindu Succession Act - Sale assailed by reversioners - Sale declared void - Pending appeal Hindu Succession Act came into force - Appeal dismissed - Widow died in 1957 - Suit for possession by reversioners in 1959 - Alienees' plea that on coming into force of Act widow..........
Civil Procedure Code, 1908, Section 47 -- Decree for eviction - Execution - Declaratory suit by obstructor for tenancy right - Held, during pendency of suit for declaration of tenancy right by obstructor, decree-holder landlord cannot be given delivery of possession of the tenanted premises...........
Insurance Policy -- Revival of - Insurance claim - Repudiation - Ground that the assured suppressed the fact of his disease of liver cancer in the declaration of good health - From evidence it emerged that the assured either at the time of taking the policy or at the time of revival of policy by submitting a declaration of good health was not aware of the fact that he was..........
