Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, Section 229B, Uttar Pradesh Land Revenue Act, 1901, Section 34 -- Suit for declaration - Trial Court dismissed suit without framing issues and also not provided opportunity to lead evidence - Matter remanded back...........
Specific Relief Act, 1963, Section 34 -- Proviso, 42 - Suit for declaration - Plaintiff not in possession - Suit for declaration without seeking relief of possession is not maintainable - Dismissal of suit without affording an opportunity to plaintiff to amend plaint to seek consequential relief, held, not proper - Impugned judgment and decree passed by Courts below set..........
Hindu Succession Act, 1956, Section 14 -- Property of Hindu female - Limited interest created in favour of Hindu female by her husband under the Will to enjoy the property till her death - Said interest created in favour of Hindu female cannot be enlarged by application of S.14(1) of the Act - Hindu female therefore, was not having right, title or interest over suit..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - After dismissal of suit - Amendment sought that boundaries of suit property could not be explained properly due to oversight - It is not pleaded that despite due diligence these facts were not mentioned in the plaint earlier or that same were not in his knowledge - It is a blatant attempt on the part of..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration for correction of date of birth - Suit for bare declaration, without any consequential relief is maintainable...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Seeking relief restraining defendant from transferring, alienating, mortgaging, creating gift or any right in changing nature of suit land - These are not distinct prayers as all such prayers are related to each other and filing single application for all said reliefs is maintainable...........
Transfer of Property Act, 1882, Section 58, 60, Limitation Act, 1963, Article 61 -- Usufructuary mortgage - Redemption - Limitation - Bar of limitation of 30 years for redeeming a mortgage would not be applicable in case of Usufructuary mortgage - Usufructuary mortgagee therefore, not entitled to file suit for declaration claiming ownership of mortgage property on expiry..........
Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Order 23, Rule 1(4) -- Withdrawal of suit without permission to file fresh suit - Subsequent suit filed on different cause of action - Subsequent suit not barred either U.O.23.R.1(4) or O.2.R.2 CPC even though earlier suit related to same property and between the same parties...........
Civil Procedure Code, 1908, Section 9, Punjab Village Common Lands (Regulation) Act, 1961, Section 13(b), Punjab Land Revenue Act, 1887, Section 45 -- Jurisdiction of civil Court - Suit for declaration challenging mutation entry being wrong, illegal, void and nullity and not binding on the rights of plaintiffs/proprietors of the village - It is S.13-B of Act of 1961 which..........
Civil Procedure Code, 1908, Order 23, Rule 3, Civil Procedure Code, 1908, Order 12, Rule 6, Civil Procedure Code, 1908, Order 20, Rule 18(1) -- Partition suit - Parties resolved dispute qua some of the properties - Court to draw partial decree accordingly in view of the terms and conditions arrived at between parties - So far as remaining properties for which no settlement..........
