Search Results for "declaration decree"

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Madras High Court Allows Second Appeal in Property Injunction Suit — Reverses Appellate Court's Dismissal and Restores Trial Court's Decree. Held that the appellate court erred in reversing the trial court's judgment without properly considering the evidence regarding possession and title.

The appellants, as plaintiffs, filed a suit for bare injunction in O.S.No.52 of 2008 before the District Munsif Court, Thuraiyur, seeking to restrain ...

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SECOND APPEAL NO.538 2005

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Bombay High Court Allows Petition in Tenancy Declaration Case — Appellate Court's Reversal Set Aside. The High Court held that the Appellate Court erred in reversing the Trial Court's findings without proper appreciation of evidence under the Maharashtra Rent Control Act, 1999.

The case involves a dispute over a room measuring 8x8 sq.ft. in Madhusadan Bungalow, Lonavala. The Respondent (original plaintiff) filed a suit in Dec...

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Bombay High Court Allows Appeal by Public Trust in Property Dispute — Civil Court Jurisdiction Not Barred Under Sections 79 and 80 of Bombay Public Trust Act. Suit for Declaration of Ownership and Recovery of Possession by Trust Against Third Parties is Maintainable Under Section 50 of the Act.

The present appeal arises from a suit filed by Seth Kasturmal Dalsukh Dharmashala, a public trust registered under the Bombay Public Trust Act, 1950 (...

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High Court Dismisses Bank's Revision in SARFAESI Act Suit — Civil Court Jurisdiction Not Barred. Suit for Declaration and Injunction Regarding Personal Guarantee Held Maintainable as It Does Not Relate to Enforcement of Security Interest Under Section 34 of SARFAESI Act.

The case involves a civil revision application filed by Allahabad Bank against an order of the Joint Civil Judge, Junior Division, Nagpur, rejecting t...