Abdul Hameed Sait And Anr. vs The Provident Investment Co. Ltd. And ... on 22 February
Affirmative
Issue No.3 : In the Negative
Issue No.4 : In the Negative
Issue No.5 : In the Affirmative
Issue No.6 : In the Affirmative ... facts and evidence. The
plaintiffs have filed this suit for the relief of
declaration of ownership of the suit schedule
property and to declare that
paragraph 10 of the written statement that the suit filed by the petitioner for negative declaration cannot be granted and the same is liable ... respondents-defendants have specifically stated that the suit filed by the petitioner-plaintiff for negative declaration is not maintainable, she should have filed the application
also to grant a negative declaration that he has no manner of
right or title over the suit schedule properties. They
misconstrued and tenor ... erstwhile owners
of their respective items of the suit schedule properties. More
interestingly their negative declaration is that defendant No.2
has no manner
examination affidavit. She also stated in her
evidence that the suit for negative declaration apart
from being futile declaration together with such
prayer in respect ... earlier suit wherein
issue No.5 and 6 was held in the negative. Aggrieved
by the same, it is questioned in this suit, which
while the suit in hand was filed on 2.6.05. Article 56 of the
Limitation Act provides that :
A suit for negative declaration qua registered document ... over the
property.
35.In order to succeed in seeking a negative declaration qua a set of duly
registered document , plaintiff is required to raise
negative covenant could have been
incorporated which could have been enforced. Since such an agreement
never came into existence and a suit for declaration stood ... negative covenant is
sought in a suit for injunction. However, in this case we have found that
the real foundation for the suit was that
negative covenant could have been incorporated which could have been enforced. Since such an agreement never came into existence and a suit for declaration stood ... negative covenant is sought in a suit for injunction. However, in this case we have found that the real foundation for the suit was that
favour of the plaintiff. Relying on or on the basis
thereof a suit, having regard to the provisions of Order 12 Rule ... Harbans Kaur,
the admissions of the plaintiff negate her to claim a decree of declaration
claiming the suit property to be a joint undivided family
claimed both
declaration of title to the schedule property and perpetual
injunction independently based on possession, the trial
Court dismissed the suit in toto ... time being in force. Possessory title can be
acquired only by negative prescription, but the right to
enjoy the property of others can be acquired