claimed to have been compelled
to institute the suit for aforesaid negative as well as positive
declaration and injunction. The plaintiffs asserted that their
predecessor ... right, title and
interest over the suit land was clouded and accordingly they
instituted the suit for negative declaration that the defendants did
not acquire
State/Gaon Sabha/Local Authority is not under obligation to file a suit under Section 229 read with Section 209 of the Act, for ejectment ... suit under Section 122-B (4-D) may not be maintainable as in effect it may be a suit for negative declaration
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
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
date of filing of the suit and ultimately, the
Trial Court dismissed the suit for declaration and injunction. It
means, the plaintiffs ... bequeathing the suit property made in favour of the defendant.
The declaration made by the Trial Court negating the title and
possession of the plaintiff
Smt. Zeenatunnissa vs Smt. Yasmeen Sultana on 29 September, 2016
[C.R.P. 67] Govt
held that the civil suit itself was not maintainable and the Civil
Court cannot decide the validity of the suit land under the provisions ... point survived, the same was answered in negative. It is also held
that the suit for declaration and injunction based on the validity
held that the civil suit itself was not maintainable and the Civil
Court cannot decide the validity of the suit land under the provisions ... point survived, the same was answered in negative. It is also held
that the suit for declaration and injunction based on the validity
action for seeking negative
declaration arose in January 1986 and the application made by the
Respondents seeking negative declaration, some time in the year ... alleged tenancy in respect of the suit property. The
cause of action pleaded in the application seeking negative
declaration refers to attempt on the part
