Case Note & Summary
The case involves two second appeals arising from a suit filed by The Shriram Education Society and others (appellants in SA 19/2013) against the Nagpur Improvement Trust (NIT) (appellant in SA 168/2013). The original plaintiffs sought a declaration of ownership and permanent injunction in respect of suit property. The trial court partly decreed the suit granting injunction but refused declaration. The plaintiffs filed cross-objection in the first appeal, which was rejected. The NIT appealed against the decree. The High Court held that the plaintiffs failed to prove title and the suit was barred by limitation. The cross-objection was not maintainable. The appeals were disposed of with no order as to costs.
Headnote
A) Property Law - Declaration of Title - Section 34 of Specific Relief Act, 1963 - The plaintiffs sought declaration of ownership and injunction against NIT. Trial court granted injunction but refused declaration. Appellate court confirmed. Held that plaintiffs failed to prove title and the suit was barred by limitation. (Paras 1-10) B) Civil Procedure - Cross-Objection - Order 41 Rule 22 CPC - The plaintiffs filed cross-objection in appeal seeking declaration. The lower appellate court rejected it. Held that cross-objection was not maintainable as the plaintiffs were not aggrieved by the decree. (Paras 1-10)
Issue of Consideration
Whether the plaintiffs are entitled to a declaration of ownership and permanent injunction against the Nagpur Improvement Trust in respect of the suit property, and whether the cross-objection for declaration was rightly rejected.
Final Decision
Both second appeals dismissed. No order as to costs.
Law Points
- Specific performance
- declaration of title
- permanent injunction
- limitation
- adverse possession
- Section 34 of Specific Relief Act
- 1963
- Order 41 Rule 22 CPC
