Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Property of senior citizens - Senior citizens have neither sought any maintenance from opposite parties nor sought any declaration regarding transfer of any property as void - They are aggrieved by ill treatment/torturing and nuisance created by opposite parties on the land belonging to them and..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary parties - Suit for declaration and permanent injunction - Suit has been filed for benefit of all co-sharers, including two daughters of plaintiff as pleaded in plaint, plea of non-joinder of necessary parties, namely two daughters is not sustainable...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration - Plaintiffs not recorded Khatedars in respect of agricultural land - Unless plaintiff get their Khatedari rights declared by revenue Court, civil suit for declaration of sale deed as null and void is not maintainable - Plaint rejected...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration and injunction - Defendant Nos.1 to 8 had appeared before Trial Court, however were not diligent in prosecuting the case by not only in filing the written statement but also producing the relevant documents to substantiate their right over the property in question - Both the Courts below have..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit dismissed while allowing application U.O.7.R.11 CPC only on the ground that relief of declaring petitioner as an adopted son cannot be granted by revenue Court, as revenue Court has no jurisdiction to decide the issue of adoption - However, petitioner is ready to delete this relief prayer,..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Plaintiff sought right over property on the basis of agreement of sale - Execution of sale agreement does not convey any right in respect of suit property unless execution of registered sale deed to be made in favour of plaintiff, where suit property is immovable property worth..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration - Proposed amendment is very much related to subject matter of suit property - In order to determine the real issue in controversy between parties, proposed amendment is required to be allowed since without particulars of measurement of encroached land of homestead property, it would..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for injunction - Plea that plaintiff should have sought for relief of declaration of order dated 15.02.2023 as null and void and only then a relief of injunction could have been granted - Injunction is granted to a title holder having prima facie case and for grant of injunction, a relief for..........
Specific Relief Act, 1963, Section 38 -- Suit for injunction simplicter - Maintainability - If defendants do not dispute title of plaintiffs then suit should not fail only on the ground that matter has been filed only for injunction simpliciter and no main relief in the form of declaration has been prayed for...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Plaintiffs have to prove their title in respect of suit property in a suit for declaration - Merely on the basis of house tax extracts and tax paid receipts declaration cannot be granted - Since plaintiffs have not produced any document of title to prove their title in respect of suit property, suit..........
