declaration, and Article 58 contained in Part III of the said Schedule states
that for any other declaration (other than a declaration qua a forged ... suit land and he simply
seeking a declaration to that effect, to negate a mutation entry which
erroneously states otherwise, mutation in any case
Learned counsel for the appellant submitted that the
appellant-plaintiff had sought declaration to be owner in possession
of the suit land as mentioned ... Adjourned to 15.03.2019."
It was also pointed out that the Court negated plea with
1 of 2
::: Downloaded
declaration to
challenge sale deed dated 14.02.1990. He filed an application for
amendment of the plaint in second appeal to add the relief of declaration ... seek relief of declaration qua the sale deed in question?
The answer, at the outset, appears to be in the negative. The
appellant cannot maintain
reply to questions in para 4 has given answers in
the negative. A relevant extract therefrom reads as follows:-
4. Ascertain from the life ... this form, the doctor has given the answers in the
negative and the same is extracted hereunder for ready reference:-
14. Is there any evidence
therefore, the courts
have rightly relied upon the judgment Ex. D4 to negate plea of the plaintiffs
in respect of their exclusive possession of land ... proprietors
of aforesaid pana in representative capacity against official defendants
therein claiming declaration with consequential relief of permanent
injunction or in the alternative for possession
arbitrary and mala fide ?
According to us, the answer is in the negative. It is beyond
cavil that the highest bidder does not get clothed ... 29916, 31126 and 30105 of 2019 (O&M) 5
declaration that he should be issued a letter of allotment was held
Civil) 45 while dealing with a similar question, has negated
the argument that if notification under Section 7 of the Evacuee Act, was not
issued ... Illyas 's case (Supra), the plaintiffs therein had sought a declaration inter
alia on the ground that they were recorded as mortgagees with possession
directed
to verify the documents placed on record by the petitioner negating the
statement so made by the officer before this Court, which reads thus ... that
photographs brought on record by the petitioner is prior
to the declaration of respondent Nos.4, 5, 7, 10 and 11
as proclaimed offenders
before this Court is whether on the basis of
unregistered document, a declaration can be granted to the plaintiffs that
they are owners in possession ... this Court, the answer to the aforesaid question has to be in negative.
However, keeping in view the facts which have come on record
particularly
onus of which was on the plaintiff herself. It was held in
negative.
[14]. Having considered the submissions made by learned
counsel for the parties ... effect that whether the plaintiff is entitled to
declaration as prayed for. The declaration is sought in respect of
Will propounded by the defendants
