Surplus area -- Determination of surplus area under Punjab Security of Land Tenures Act not confined to declaration of surplus and selection of permissible area also covered under expression determination of surplus area...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration filed by defendant against plaintiff - Issues sought to be raised by defendant in her suit would be barred on principles of res judicata and issue of estoppel and accordingly defendant is estopped from raising them again - Trial Court committed error in dismissing application..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and injunction against one of branches of forefathers of plaintiff - Pedigree relied by plaintiffs was not correct - Plaintiffs failed to prove ownership over suit property - Specific issues were framed by trial Court which were answered against plaintiff and even appellate Court also independently arrived..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration and possession - Lower appellate Court decreed the suit in favour of plaintiffs only in respect of possession, while rejecting their claim of right and title over suit land, as plaintiffs failed to prove their title over suit land - Since decree is limited only to possession, there is no requirement at the stage..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Plea of plaintiff that decree is result of fraud, misrepresentation or impersonation - Mere fact that decree was passed on same day when admitted written statement was filed, ipso facto not sufficient to accept contention of plaintiff - Moreover, there is no denial that essentials of fraud are required to be..........
Agreement to sell -- Suit for declaration, possession of suit property by way of specific performance of agreement to sell and for grant of decree of permanent injunction - Privity of contract - There is no agreement between `A' and `K' and `H' - However, owner of property is `P' who admittedly entered into oral agreement with `A' - Further, `A' does not dispute that he..........
Agreement to sell -- Suit for declaration, possession of suit property by way of specific performance of agreement to sell and for grant of decree of permanent injunction - Readiness and willingness - Once defendant nos.2 & 3 have gained knowledge of fact that plaintiff no.2 & 3 are actual intended purchasers and thereafter applied for getting permission to sell in their..........
Easements Act, 1882, Section 35 -- Easementary rights - Suit for mere injunction complaining of disturbance of easement without claiming relief of declaration is maintainable as prayer of declaration is implicit in prayer of injunction...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total compensation - Deceased aged 48 years - Respondents being claimants would be entitled for compensation to be reckoned on basis of loss of dependency, due to loss of gross salary of deceased and future prospects and deduction of 1/3rd amount towards personal expenses of deceased - Multiplier `13' applied by Tribunal..........
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Bar of subsequent suit - Plaintiffs did not advance larger claim made in present suit for declaration in earlier suit between same parties - They are debarred from claiming it in present suit - Suit is barred U.O.2.R.2 CPC as well as principle of res judicata - Subsequent suit, held, barred...........
