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1 - 10 of 11 (0.56 seconds)Section 50 in The Delhi Land Revenue Act, 1954 [Entire Act]
North Delhi Municipal Corporation vs Prashant Narula & Ors. on 5 October, 2016
Ld. counsel for defendant no.1 has
also relied upon the judgement of "NDMC vs. Prashant Narula and
Ors.", [234 (2016) Delhi Law Times, 56], which is on similar lines and
has argued that the present suit is not maintainable as the plaintiff has not
sought any relief of possession.
Anathula Sudhakar vs P. Buchi Reddy (Dead) By Lrs & Ors on 25 March, 2008
Reliance can further be placed upon the
landmark case of Anathula Sudhakar v P. Buchi Reddy ( Dead ) by LRs
& Ors. AIR 2008 SC 2033, where the plaintiff is in possession, but his
title to the property is in dispute, or under a cloud, or where the defendant
asserts title thereto and there is also a threat of dispossession from
defendant, the plaintiff will have to sue for declaration of title and the
consequential relief of injunction. The relevant para is quoted here as
under:-
Kartar Singh (Dead) By Lrs. And Ors. vs Harbans Kaur (Smt) on 21 January, 1994
Reliance
was also placed by Ld. counsel for the defendants on Sita Kashyap (since
deceased) through LRs vs. Harbans Kashyap & Ors. [226 (2016) DLT
150] wherein it was held that exclusion of brother from inheritance from
bequest could not be per say treated as unnatural and Will could not be
faulted as a document surrounded by suspicion and the court ought not
to have exaggerated the discrepancies and elevated it to level of
"suspicious circumstances" to discard validly executed Will and there is
inherently wrong in cutting out someone who, in perception of the
testator, has caused him injury or deprived him of valuable benefits.
Surender Rode vs Madan Mohan Rode & Ors. on 25 October, 2013
Ld.
CS SCJ No : 608278/2016 Mankey Ram vs Sh. Ranvir Singh Rana Page No. 28 of 34
Counsel for the defendant has further relied upon Surender Rode Vs.
Madan Mohan Rode & Ors. [207 (2014) DLT 208] on similar lines.
Rabindra Nath Mukherjee& Anr vs Panchanan Banerjee (Dead)By Lrs. & Ors on 9 May, 1995
I
also find it relevant to mention here the relevant portion from Rabindra
Nath Mukherjee & Anr. Vs. Panchanan Banerjee (dead) by LRs. & Ors.
[(1995) 4 SCC 459] wherein it was held that registered Will where
contents of the Will explained by the Sub Registrar to the testatrix the fact
that witnesses to the document were interested or an active part was
played by a close relation of one of the executors, in getting the execution
of the Will, is also not a suspicious circumstance and character of the
document, its genuineness and voluntariness cannot be doubted.
Jaswant Kaur vs Amrit Kaur & Ors on 25 October, 1976
31.Ld. Counsel for the plaintiff on the other hand relied upon a judgment
titled as Smt. Jaswant Kaur vs. Smt. Amrit Kaur & Ors. [AIR 1977 SC
74] wherein it was found that the explanation given by defendant that he
found Will by chance while going through the papers of grandfather was
patently lame and unacceptable and there was no evidence to show as to
CS SCJ No : 608278/2016 Mankey Ram vs Sh. Ranvir Singh Rana Page No. 30 of 34
where it was executed. However, this case was having different factual
matrix and evidence from that as in the present case there is due
admission of the thumb impressions of testator as well as due
corroboration by the testimonies of other defence witnesses in respect of
the Will in question.
Executive Officer, Arulmigu ... vs Chandran & Ors on 10 February, 2017
In this regard Ld. counsel for defendant
no.1 placed her reliance upon the judgment titled as "Executive Officer
CS SCJ No : 608278/2016 Mankey Ram vs Sh. Ranvir Singh Rana Page No. 21 of 34
Arulmigu Chokkanath Swamy Koil Trust Virudhunagar vs. Chandran
& ors.", II (2017) SLT 206 wherein it was held by the Hon'ble Apex
Court that plaintiff who was not in possession, claimed only declaratory
relief along with mandatory injunction and since the plaintiff being out of
possession, relief of recovery of possession was a further relief which
ought to have been claimed by the plaintiff and thus suit filed by the
plaintiff for mere declaration without relief of recovery of possession is
not maintainable in the eyes of law.