intestate or testamentary, or otherwise) or parts with, after such declaration, the ownership, possession, custody or control of any quantity of gold, he shall ... made a declaration shall, as often as he acquires or parts with, after such declaration the ownership, possession, custody or control of any quantity
that long and continuous
possession by itself would not constitute adverse possession if it
was either permissive possession or possession without animus
possidendi ... seeking
possession for himself not in possession and there is no meaning
in saying recovery of effective possession for not at all in
possession
chosen to ask for proprietary possession, and not merely for possession, arid has therefore asked for a declaration of proprietary title as well as possession ... consequential relief flowing from the declaration, which includes the declaration of existing possession. If the latter view be taken to be correct, the plaintiffs
possession cannot seek
the relief of injunction simpliciter,
without claiming the relief of
possession.
11.3) Where the plaintiff is in
possession, but his title ... possession or not able to
39 OS.No.551/2001
establish possession, necessarily the
plaintiff will have to file a suit for
declaration, possession
suit: 01.12.2004
Nature of the suit (suit on Declaration and Injunction
pronote, suit for declaration
and possession suit for
injunction, etc) :
Date of the commencement ... maintainable as the plaintiff has not sought for the
relief of declaration and possession of the suit property.
Hence, prayed to dismiss the suit with
lady. During pendency of suit, it was amended and prayer for declaration, possession and eviction of respondent was made. On the basis of the pleadings ... injunction and during pendency amended the suit and the prayer for declaration, possession and eviction of respondent was made, therefore the burden was heavily
plaintiffs though not in possession of the
property have not claimed the consequential relief of
possession but sought declaration of title and defective
consequential relief ... possession and if the defendant
establishes possession but fails to establish title by
adverse possession, the Court can mould the relief
to grant declaration
defendants. The respondent is the plaintiff. The
plaintiffs filed suits for declaration, possession and
damages against the defendants.
3. It is the case ... disposal of revision petition, the plaintiff filed
the suit for declaration, possession and damages. He
submits that the Courts below were justified in passing
defendants. The respondent is the plaintiff. The
plaintiffs filed suits for declaration, possession and
damages against the defendants.
3. It is the case ... disposal of revision petition, the plaintiff filed
the suit for declaration, possession and damages. He
submits that the Courts below were justified in passing
conclusion
that declaration of title would have been become time barred.
In this case only suit is filed for declaration and not possession ... declaration and
it is for the relief of comprehensive relief of declaration and
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RSA No. 172 of 2020
possession. The judgments relied upon
