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1 - 5 of 5 (0.38 seconds)Section 96 in The Code of Civil Procedure, 1908 [Entire Act]
Sri Aralappa Son Of Sri Chowrappa, Major vs Sri Jagannath Son Of Late Sri Chikka ... on 24 August, 2006
53. Another judgment reported in ILR 2007 KAR 339 in
the case of Sri Aralappa vs. Sri Jagannath & others (the
coordinate bench of this court taken the similar view that
declaration without seeking possession cannot be granted.
Union Of India & Ors vs Vasavi Co-Op. Housing Society Ltd. & Ors on 7 January, 2014
54. Another judgment (2014) 2 SCC 269 in the case of
Union Of India & Ors vs Vasavi Co-Op. Housing Society Ltd.
71 RFA NO.569/2015
C/W RFA NO.947/2015
RFA NO.622/2015
wherein it is held that the revenue records will not confer the right
to title over the property. There is no dispute in respect of the
principle held by the Hon'ble Supreme Court. Herein this case the
property has been granted to the father of the plaintiff and
subsequently the same was partitioned by the petitioner and his
brother and continued to be in possession. Therefore, the
question of stating the plaintiff is not the owner of property does
not arises. On the other hand the defendant also purchased the
property from a grantee Muniyappa under the sale deed in respect
of Sy.No.110 but not in Sy.No.112/1 and 112/2, both the
properties are altogether different. The boundaries are also
different from each other , even on perusal of the plaint schedule
and the schedule given by the defendant are altogether different
properties.
Sant Lal (Dead) Thr. His L.R Vinod Kumar vs Sadhu Ram (Dead) Thr. His Lrs. . on 26 October, 2015
52. Learned counsel for both parties relied upon various
judgments in their favour, in respect of 2024 5 SCC 282 in the
case of Vasantha (Dead) Thr. L.R. vs Rajalakshmi @ Rajam
(Dead) Thr. Lrs. wherein the Hon'ble Supreme Court has held
seeking declaration relief without seeking recovery of possession
the suit is not maintainable. The principle laid down by the
Hon'ble Supreme Court will not applicable to the case on hand as
the plaintiff is able to show he is in possession and enjoyment of
schedule property as on the date of filing the suit.
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