Court : Madhya Pradesh
Reported in : 2008(1)MPLJ328
..... by taking law in his own hands if the defendant has taken possession of the suit property from the plaintiff, he is legally bound to deliver the possession back to him, if the suit for possession is decreed. ..... article 64 of indian limitation act, 1963 (in short the act of 1963) throws sufficient light to bring a suit for possession. ..... according to this article, a suit for possession of immovable property based on previous possession and not on title can be brought by plaintiff within 12 years from the date of dispossession. ..... 1 munnalal illegally took possession of the suit property from plaintiff and hence the present suit has been filed by plaintiff for specific performance of contract praying therein that the document ex.p/1 be got registered and the possession be delivered to him. ..... if such suit of injunction can be filed by a trespasser against the real owner certainly he can also file a suit for restoration of possession on the basis of his previous possession as envisaged under article 64 of the act. 16. ..... sampatbai 1980 (2) mpwn note 148 has come to the conclusion that the suit which was filed on the basis of an unregistered sale-deed seeking relief to get it registered would be deemed to be a suit for specific performance of contract under section 10 of specific relief act, 1963 and hence the appellate court affirmed the decree of the trial court directing defendant no. ..... the supreme court further held that such an endorsement would not be a retransfer of title. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1977MP108
..... in that case plaintiff had filed a suit for a declaration and for permanent injunction alleging that the sale deed in question was got executed by her by playing fraud. ..... the question whether the suit is really one for a declaration with the consequential relief or not has to be determined by looking to the pleadings of the plaintiff only, vide manoharsingh nathasingh v. ..... 1 filed a suit for declaration of her title over the land in suit and for confirmation of possession thereof. ..... it is no doubt true that the plaintiff has also sought a relief of confirmation of possession but she has already paid the court-fees in respect of the said relief and no objection was raised as to the sufficiency of the court-fees in respect thereof.9. ..... the defendant-applicant raised an objection that the suit was not properly valued for court-fees. ..... from the aforesaid decisions it is clear that where a person who is party to an agreement or transaction and his allegation is that it is not binding on him because it was obtained by misrepresentation or fraud, it is necessary for him to seek the consequential relief of setting aside such agreement or transaction and as such the suit falls within the purview of section 7(iv)(c) of the court-fees act. ..... 1 expressed regret and agreed to execute deeds of retransfer. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2000MP83; 2000(1)MPLJ102
..... the trial court dismissed the suit for declaration and injunction filed by ajay rajan and his brothers, all sons of gourish chandra saxena, by relying on a decision of the supreme court in sunil kumar ..... were brought on record and that the suit property is in possession of tenants are grounds which are totally irrelevant for grant or refusal of a decree of specific ..... even on general equitable principles contained in section 20 of the specific relief act, we are of the opinion that decree of specific performance should not be refused in ..... each of the factors taken into consideration by the learned trial judge in refusing relief of specific performance, we find that none of them is relevant under section 20 of the specific reliefs act to deny specific performance to the vendee. ..... it is true that the above decision arose out of the bombay court-fees act, but it is an authority that a cross-objection is in substance a cross-appeal, as is the case here, and has to be stamped for purpose of court-fees ..... also unlikely that he, as father, would have acted against the interest of his own sons. 31. ..... the explanation added below order 41, rule 22 was introduced by amendment act of 1976 with a specific purpose that cross-objection may be allowed to be filed even against adverse finding by the respondent who may have been successful on other findings of the ..... the court-fees act as applicable to madhya pradesh, memorandum of cross-objection is not required to be affixed with ad valorem court-fees and. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2006MP84
..... the appellant's possession was never obstructed by aforesaid bhoomiswami or her legal representatives by any method either by filing the suit for possession or any other proceedings as such she remained in peaceful and uninterrupted possession as an owner of the property and perfected her title over the property by adverse possession by extinguishing the right of said recorded landlady.5. ..... thus the suit for declaration and injunction was filed by appellant against the respondents and impleading the recorded bhoomiswami.6. ..... in view of the aforesaid decided case of this court i am of the considered opinion that the competent authority of adhiniyam has not examined the property as per definition of public premises and issued notices under sections 4 and 5 of adhiniyam as the competent authority has not acted in conformity with the fundamental principles of judicial procedure as prescribed under the law. ..... so far perfection of the right of the appellant by adverse possession is concerned, in view of articles 64 and 65 of limitation act on perusing the record i have not found any evidence or document on record which shows that the appellant had declared herself as owner of the property in dispute at any point of time and from that date after 12 years she had perfected title by adverse possession. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2004(4)MPHT493
..... the appeal has been heard on the following substantial question of law :--'whether the lower appellate court was justified in dismissing the plaintiffs suit on the finding that the plaintiff/appellant was out of possession and, therefore, the suit for declaration was not maintainable ? ..... first appellate court dismissed the plaintiff/appellant's suit on the ground that he was out of possession and, therefore, the suit for declaration was not maintainable. ..... 33-a/86 decreeing the suit for declaration and injunction stands restored. ..... the civil judge in fact rightly held that plaintiff/appellant is owner in possession of suit land, as such entitled to seek declaration and injunction restraining defendant/respondents from dispossessing him from portion of suit land described in para 4 of the plaint and map attached therewith. ..... as such the first appellate court erred in allowing the appeal and dismissing the suit seeking declaration and injunction. ..... 33-a/86 before iii civil judge class ii, shahdol seeking declaration of tile and injunction restraining defendant/respondents from dispossessing him from the suit land. ..... , air 1961 punjab 278, suit seeking declaration and injunction ought not to have been dismissed with reference to section 34 of the specific relief act. ..... the first appellate court however, with reference to section 34 of the specific relief act, erred in reversing the judgment-decree passed by civil judge. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1987MP85
..... 12-2-1986, refusing ad interim injunction as prayed for by the plaintiff-appellant restraining defendant-respondent 1 from transferring his 1/9th share in the suit land to defendant 10 and restraining defendant-respondents 2 to 9 from consenting to any such transfer or parting with its possession or altering the situation of the suit land as it existed on the date of the suit, seeking further injunction to restrain the defendant 10 from altering or changing or making construction on the 1/9th share of the land agreed to be sold to the plaintiff and also praying for a direction to maintain the status quo.2. ..... co-operative societies act, 1960 (hereinafter referred to as the societies act), which lays down that no suit shall be instituted against a society or any of its officers in respect of any act touching the constitution, management or business of the society, until the expiration of two months next after notice in writing has been delivered to the registrar or left at his office stating the cause of action, the name, description and place of residence of the plaintiff and the relief which he claims and the plaint shall contain the statement that such notice has been so delivered or left. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2002(2)MPHT516; 2002(1)MPLJ86
..... the trial court as well as the first appellate court both recorded a concurrent finding that the possession of the respondents/plaintiffs over the land in dispute by way of adverse possession has become complete and they are entitled for a decree of declaration and injunction as the suit of the appellants/defendants for possession has already been dismissed. ..... it was further held by the trial court that the respondents/plaintiffs are entitled to invoke the principle of adverse possession and are also entitled to get a decree of declaration and injunction thereon, on that basis the suit was decreed by the trial court.4. ..... the respondents/plaintiffs have also failed to prove their adverse possession and have also failed to prove the ingredients of adverse possession and both the courts have wrongly granted a decree for declaration and injunction in favour of the respondents/plaintiffs. ..... 116, it was held that possession acquired under an alienation made in contravention of section 3 of bombay act v of 1862, can become adverse so as to bar a suit for recovery by the individual alienor or his representative-in-interest. ..... ram babu, reported in air 1965 allahabad 65, it has been held:--'the decision of the privy council was a declaration of the law within the meaning of section 212 of the government of india act and was binding upon all courts in india. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2005(1)MPHT158; 2004(3)MPLJ598
..... 123-a/80 before the iv civil judge class ii, rewa for declaration of title and injunction restraining defendant/appellants from interfering his possession of suit land. ..... instead the suit for declaration and injunction has been decreed. ..... on the basis aforesaid, the court below rightly held that plaintiff/respondent is entitled to seek declaration of title and injunction restraining defendant/appellants from interfering in his possession of suit land. ..... p-3) in evidence to prove the title of the plaintiff/respondent ramadhar and the finding that he remained in possession of the suit land continuously from the date of execution of ex. ..... defendant late ram nihore driven away the widow of late pyare and forcibly obtained possession of property left by late pyare sometime in the year 1971 in clandestine manner got mutated his name in the revenue record in respect of the suit land khasra no. ..... p-3 and p-4), duly executed by late pyare and on the basis, plaintiff/respondent ramadhar was in continuous possession of the suit land. ..... therefore, the analogy of section 49 of the indian registration act so as to read the document for collateral purposes can not be applied. ..... with reference to sections 1 and 21 of the rewa stale registration act, 1917, it has been contended that the sale deed (ex. ..... yagya narain, 1980 (i) mpwn 283, it has been held that provisions of section 21 of the rewa registration act, 1917 are in pari materia with the provisions of section 49 of the indian registration act. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1993(0)MPLJ854
..... instead of executing sale-deed the respondent filed the suit for eviction and hence the appellant felt it necessary to bring the present suit for specific performance and permanent injunction. ..... very serious arguments were addressed on the question whether the time was essence of the agreement generally a suit for immovable property and more particularly, when the suit property is not in possession of the seller, time is not the essence of agreement. ..... in spite of it, shri ranjit chaki (dw 1) the power of attorney holder of the respondent, admits in his cross-examination that the suit land was in possession of the appellant and his ancestors from 1952-53 and before that it was part of the jungle. ..... before considering the submissions of the parties on these questions, it is necessary to ascertain whether the suit land was given to the appellant's father on lease for the first time on 4-10-1974 or it was in his possession from 1952 as claimed by the appellant. ..... the finding that the appellant and his father late hakim singh were in possession of the suit land since 1952-53 and were running their saw-mill, alone is relevant to examine the contents of the agreement in question. ..... the f act that the suit-land was in possession of his father and saw mill was running thereupon since long, would only reinforce the aforesaid conclusion, as no one would like to risk closure of his old flourishing business, without any reason. ..... master tufail ahmed, 1962 mplj 517 = air 1963 m.p. 31. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001(1)MPHT150
..... nabbo bai had filed the suit for declaration and permanent injunction regarding agricultural land situated in village bich-gawadi on the ground that she has 1/4th share in the disputed land alongwith defendant ..... the suit of the plaintiff, is hereby, decreed to the following effect:'it is declared that the partition proceeding decided against the appellant/plaintiff is not binding upon them and therefore, the ..... both the courts below therefore, erred in law in dismissing the suit of the plaintiff on the ground that she was properly served in partition ..... learned trial court dismissed the suit of the plaintiff vide judgment dated 1-3-89, against which, an appeal was filed ..... also possessed 1/4th share and deceased narvada was having half share in the property. ..... , reported in 1991 revenue nirnay 87, it was pointed out that ex parte order of partition by tehsildar can be challenged in civil suit for declaration of title.7. ..... 1 and 2 are restrained from interfering with the possession of the plaintiff, till, they are dispossessed by the order of competent ..... d-8, is that nabbo bai had refused to accept the service and therefore, the service was served upon her by throwing copy of summon on ..... appellant/plaintiff nabbo died during pendency of this appeal and the present appellants arc brought on record as her legal ..... further admitted that since nabbo bai had refused to accept the service, the question of taking her thumb impression in compliance of the order does not arise, while in fact, notice (ex. .....
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