mistake, the survey
number is mentioned wrongly. In that regard, seeking rectification, suit is
filed by the plaintiff. In that, an application is also filed ... that the suit
itself is not maintainable and that plaintiff is not entitled for the relief of
rectification.
So far as the claim
plaintiff in the said suit. Respondent
No.2 is defendant No.6 in the said suit. Parties will be
referred to as plaintiff and defendant ... consequential relief of rectification
of school records.
9. Defendant No.4 has taken up a specific stand that
very suit of the plaintiff
suit properties. They
have failed to show that the suit is not maintainable
without seeking the relief of possession and therefore,
it decreed the suit ... initiated by the
plaintiffs for rectification of the pahanis where the title
of the plaintiffs was denied and therefore, suit ought
to have been filed
appellant-plaintiff filed the aforesaid suit
inter alia contending that the suit schedule property was
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originally owned by his paternal grandmother Smt.
Yellamma ... property. They also contended that the
suit is barred by law of limitation, since the plaintiff has
filed suit for declaration which
over the suit land, he was
constrained to file an original suit against the defendants
for an order of perpetual injunction and rectification ... plaintiff was constrained to file a suit for permanent
injunction and rectification of the entries in the revenue
records in respect of suit land against
suit concerning the liability of land to be
assessed to land revenue;
(9) a suit to restrain waste;
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(10) a suit for the determination ... compensation;
(14) a suit for the specific performance or
recission of a contract;
(15) a suit for the rectification or cancellation of
an instrument
Section 26 of the Specific Relief Act,
1963, permits to seek rectification of an instrument, and
therefore, the trial Court is justified in directing ... suit by
urging the grounds, but the above-said provision does not
give any such right to the plaintiff to seek rectification of
the instrument
Section 26 of the Specific Relief Act,
1963, permits to seek rectification of an instrument, and
therefore, the trial Court is justified in directing ... suit by
urging the grounds, but the above-said provision does not
give any such right to the plaintiff to seek rectification of
the instrument
plaintiff in the said suit.
Other defendants were defendant nos.2A to 2E and 3 in the said suit.
Parties would be referred ... from obstructing his
peaceful possession and enjoyment of the suit property and also for
rectification of the entries in the revenue records. Suit properties
accord permission to withdraw the suit filed before the trial Court
with liberty to file a fresh suit on the same cause of action ... allowing the plaintiff to institute
a fresh suit for the same subject matter of a suit or a part of claim.
8. In the present
