State vs Gaurav Etc on 24 November, 2023
IN THE COURT OF SH. SACHIN SANGWAN
fact that
the dying man can never lie or Truth sits on the lips of dy-
ing man. Hence, the Dying Declaration is Admissible ... Barjor Singh. The
second statement which has been treated by the High
Court as a dying declaration is Ex. P-14, being the first
information
further contended that as per the Declaration dated
18.05.1979, soon after the completion of the construction of the house in
question, the entire house ... grab the second floor of the property. It is further
averred that respondent no.2 has filed a suit for declaration before this
court
Cs Dj No. 9799 /1 6 vs Gulshan Vir Singh Paintal on 3 February, 2023
suffering from mental disturbance for last one
year before his death. He died on 25.01.2011.
Plaintiffs came to know about will executed by Sh. Rajinder ... prayed that declaration be granted in favour of plaintiff declaring will
dated 23.06.2010 as null and void. Secondly, relief of permanent
injunction was sought restraining
character or the title of the plaintiff,
(c) the declaration asked for was a declaration that the
plaintiff was entitled to a legal character ... position to claim a further
relief than a bare declaration of his title.
24. The plaintiff has to prove that the defendant has
denied
SUIT FOR PARTITION, POSSESSION, PERMANENT INJUNCTION
AND DECLARATION
JUDGMENT
1. This is a suit for partition, possession, declaration and permanent
injunction in respect of property, namely ... Delhi-
110005 admeasuring about 77 sq. yds, consisting ground floor, first floor,
second floor, third floor along with terrace (hereinafter referred
that Uttam Pandey had died but in the present
case no suppression of any material fact has been done. The Second
judgment cited ... Whether the plaintiffs are entitled to the decree of declaration as prayed
for?OPP."
Prayer in suit is for declaring decree dated
declaration, as prayed for (a) because as per Section 34
of the Specific Relief Act, 1963, this Court can grant the relief of
declaration only ... acquired properties. In my view,
if this Court grants the relief of declaration, sought by the
plaintiffs, then it would be impinging upon the right
House No. 267, Second Floor,
Sector 37,
Faridabad-121003. ..............Defendants
JUDGMENT
1. Plaintiff has filed the present suit seeking partition.
Declaration, permanent injunction and possession ... hereinafter referred as suit property) family. That
Late Puran Chand Kalia intestate died on 13.4.2015. That in
respect of suit property plaintiff had put lock