Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction on the basis of Will - Title under cloud - Suit for permanent injunction is not maintainable without claiming relief of declaration...........
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..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Photocopies of grant and sale deed - Suit for declaration of title and injunction - Plaintiff produced on record photocopies of grant and sale deed - Though no permission to lead secondary evidence may be required and a party is entitled to make out grounds u/s 65 of Evidence Act to lead secondary evidence - No ground..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration, specific performance, possession and for permanent injunction - Suit property in respect of which plaintiff and defendant no.1 had made agreement is different property and not property as claimed by defendant Nos.12 & 13 - There is no necessity of giving any further explanation as..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Co-sharers - Simpliciter suit for permanent injunction is not maintainable without bringing any suit for declaration or partition, where parties are co-sharers and plaintiff is not having absolute ownership over suit land...........
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...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - For considering an application for temporary injunction, Court is required to see a prima facie and not prima facie title, when it is a case of declaration on the basis of Will...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Suit for declaration of title based upon Will - Apprehension that defendants may create third party interest or alienate property since certain revenue records are said to have been made in their favour in respect of very same property - Defendants rightly restrained by appellate Court..........
Specific Relief Act, 1963, Section 34, 39 -- Suit for declaration and mandatory injunction - Plaintiff on the basis of sale deed filed suit for declaration of his title to `A' scheduled property and for declaration that `B' scheduled property is a common property - Case of plaintiff is duly established by said sale deed - Title of defendant over suit property as claimed by..........
