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Results of suit not maintainable

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Showing : 901-910 of 1324 Results

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2006
Details

Adverse Possession -- Specific Relief Act, 1963, Section 34, Limitation Act, 1963, Article 65 - Owner by way of adverse possession - Plea when available - Suit for declaration claiming to have become owner of suit land by way of adverse possession - Plea of adverse possession is a defence available only to a defendant against plaintiff - To contest a suit for possession,..........

MADHYA PRADESH HIGH COURT

Year of decision: 2006
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Suit for permanent injunction - Suit for permanent injunction by vendee against vendor restraining him from damaging and alienating property purchased by vendee by agreement to sell - Suit is maintainable - Vendors during the subsistence of the agreement are holding the suit property in their fiduciary capacity and vendee has..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2006
Details

Hindu Minority and Guardianship Act, 1956, Section 8 -- Minor's property - Sale without permission of Court - Simplicter suit for possession without seeking relief of setting aside sale is not maintainable...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2006
Details

Specific Relief Act, 1963, Section 41(h), Civil Procedure Code, 1908, Order 7, Rule 11 -- Agreement to sell - Plot transferred in favour of third party on the directions of the one of the co-vendee to the agreement, without the consent of other co-vendee - Suit for declaration with consequential relief of mandatory injuction filed by co-vendee to the agreement against..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2006
Details

Possession -- Claimed on the basis of oral family settlement - Even in the oral settlement ownership of land not transferred - Suit for possession, without acquiring title or ownership - Not maintainable - Appeal Dismissed...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2006
Details

Civil Procedure Code, 1908, Order 35, Rule 5 -- Interpleader suit - A tenant cannot sue his landlord for compelling him to interplead with any persons other than persons making claim through such landlord - If the other person is claiming the property through the previous landlord and then asking for the rent from the tenant, then to settle such different claims by two or..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2006
Details

Civil Procedure Code, 1908, Section 88, Order 35, Rule 5 -- Inter pleader suit - Bar of O 35 R 5 CPC - Tenant filing an inter pleader suit - Both the defendants not claiming property through previous landlord - One of the Defendant claiming ownership rights through previous owner/landlord - Other Defendant claiming independent ownership rights, not through previous..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2006
Details

Specific Relief Act, 1963, Section 34 -- Suit for declaration without seeking relief of possession - Simpliciter suit for declaration by a co-sharer though not in possession is maintainable...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2006
Details

Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit - Appellate stage - Trial Court recorded findings on issues Nos.2 and 3 that the suit was not instituted by a competent person and the same was not maintainable - The finding clearly indicated a formal defect in the suit and on that account suit was bound to fail - Exercise of its discretion by the first..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2006
Details

Specific Relief Act, 1963, Section 34 -- Suit for declaration as to right of property - Plaintiff not in possession - Simplicitor suit for declaration without seeking consequential relief of possession is not maintainable...........

Showing : 901-910 of 1324 Results