Civil Law
Mode of Citation- ILC-2016-SC-CIVIL-....
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Civil Law
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Civil Law
Mode of Citation- ILC-2016-SC-CIVIL-....
Judgement Subject Index/Important Decision/Topic

ILC-2011-SC-CIVIL-Feb-14

Gian Kaur Vs. Raghubir Singh

Head Note

The Specific Relief Act, 1963  - Section 34

Declaration of possession and permanent injunction - Trial court dismiss the suit - First Appeal decreed suit - High Court - Reversed the judgment and decree of the Court below - Suit for declaration that the plaintiff is the owner in possession is not maintainable - Appeal - It is found that apart from making a prayer for declaration there is also a consequential prayer for a decree for permanent injunction restraining the defendant from alienating the suit property or interfering in peaceful possession of plaintiff therein - Finding of the High Court that the suit is merely for declaration and is not maintainable under Section 34 of the Specific Relief Act cannot be sustained - Impugned order of the High Court set aside and of the First Appellate Court restored - Appeal allowed

Topic(s)-Declaration of possession and permanent injunction







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@2015 Indian Law
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