...District Judge-I, Saharsa has rejected the amendment application filed by the petitioners in Title Appeal No. 27 of 2006.3. It appears that the plaintiffs-petitioners filed the ...was dismissed after trial. The plaintiffs filed title appeal before the court below. During the pendency of the appeal the entry made in the name of ...Section 107 of the Code of Civil Procedure and it is settled principles of law that appeal is continuation of the suit. In the present case, t...

...possession over the entire 6 bighas of land purchased by him. The defendant has himself admitted the possession of the plaintiffs over the portion of the land .... However, I have already noticed above that the trial court on consideration of evidence has come to the conclusion that the defendant has failed to prove his possession over the suit la...that the survey entry in the name of defendants is wrong.3. The case of the plaintiffs is that they are members of the joint Hindu famil...

...the judgment and decree of reversal granting the decree to the plaintiff as prayed. The plaintiff filed the suit mainly for declaration of title over the suit l...vulnerable. It has also been further submitted that the Return of the suit land has been submitted in the name of the defendants and in support of ... Heard Mr. Anish Chandra Sinha, learned counsel appearing on behalf of the appellants. 2. The defendants in the suit are the...

...factual position, reflecting the appellant to be as ‘Kabiz Dom’ (of both the parties), are incorrect. In effect, entries of possession of the State over the suit land wa...entries in the column of possession shown as Kabiz-Dom in favour of State of H.P are illegal, wrong, null and void and are liable to be deleted from the revenue record. Rest ...by the Courts below.2. Plaintiffs (respondents herein) filed a suit seeking declaration to the effect that they are co-owners in possession of the suit land. Entries contra...

...Samiti). The petitioners 1/1 herein is Vishnu Bhagwan Educational Society. The petitioners 1 and 2 have been arrayed as petitioners in view of the fact that the aforesaid suit ha...statement filed on behalf of the respondent no.1 i.e. the President of Shri Vishnu Bhagwan Educational Society that the suit has been filed in the name of a ...learned counsel for the petitioners that the suit land is part of the Plot No.27/5 measuring 0.3720 Hectares, which is recorded in the name of Shri Vishnu Bhagwan Educat...

...realised that the name of the 2nd defendant as wrongly mentioned and sought amendment to correct the name as 'Etukuru Babu Naidu'. Notice was ordered to the proposed party, who r... 1. The petitioner, who is the plaintiff in the suit, filed LA. No. 962/91 for amendment of the cause title by correcting the name of the 2nd..., learned Counsel for the petitioner submitted that under a wrong impression and by mistake, the petitioner filed the suit by naming the 2nd respondent wrongly, as he was not aware of his...

...as adopted son of the deceased original plaintiff namely Yamuna Prasad Singh, filed an application dated 24.12.2008 (Annexure-2) on the death of the sole original plaintiff for being substituted ...subsequent order dated 06.11.2013 held the suit itself has abated as no one was substituted in place of the sole deceased plaintiff.3. It has been contended on behalf of ...family. Indisputably, in the suit property of the joint Hindu family, any co-parcener or co-sharer of the family could have filed such application for substitution. In this regar...

.... The plaintiff/Respondent No. 1 filed the suit for declaration of title over the suit land as described in the schedule attached to the foot of the pl...court framed altogether 11 issues including issues No. viii, ix and x which read as follows:—“(viii) Whether the defendants have perfected their title over the suit land by adverse possession?(...share to go in favour of appellant/defend ant No. 1. It was also pleaded by the defendant No. 1 that the plaintiff/respondent No./I never came in possession over the suit land an...

...under Sections 5 and 8 of the Punjab Tenancy Act read with Section 3 of the Punjab Occupancy Tenants (Vesting of Proprietory Rights) Act, 1953. It was alleged that the ...defendant, was allowed, the judgment and decree of the trial court were set aside and the suit of the plaintiffs was dismissed.2. Facts, in brief, are tha...suit for declaration against the defendant-Gram Panchayat, with the allegations that the plaintiffs were the owners in possession of the suit property and that ...

...JUDGMENT1. The defendants are the appellants. The appeal is against the judgment of reversal. The plaintiffs-respondents filed a suit for declaration of...?5. The trial Court after considering the entire evidence, came to the finding that the plaintiff has failed to prove his title over the suit property. The Court further c...of the record-of-rights. In the instant case the plaintiff filed the suit for the following reliefs.(a) That plaintiffs title over the ...

...that Order 1 Rule 10 permits the court to add right plaintiff or defendant to suit for final and effective adjudication of the claim. When a suit is instituted in the ...right plaintiff or defendant can be added as plaintiff or defendant. In the instant case, the defendants raised a plea that suit is bad because of trustees are not joined and a ...proper person as party-defendant to the suit. It was also contended that it is necessary to make all trustees of the said trust party. It was further alleged that defendant no.2 was not ...

...that Order 1, Rule 10 permits the Court to add right plaintiff or defendant to suit for final and effective adjudication of the claim. When a suit is instituted ...right plaintiff or defendant can be added as plaintiff or defendant. In the instant case, the defendants raised a plea that suit is bad because of trustees are...not joined and a wrong person is shown to be representing the trust. Now, when defendants themselves raised a plea that the suit is bad for nonjoinder of all trustees, the defendants cannot ...

...possession of the land measuring 22 Kanal 1 Marla, i.e the suit land. It was alleged that he was previously in possession of the suit land as tenant under defendant No. ...records carefully.4. Though the learned Senior Counsel for the appellant has strenuously argued that he is in possession of the suit land. However, the learned Court below ...appreciating the evidence led by the parties, have come to a categoric finding that the plaintiff is not in possession of the suit land.5. Insofar as the order pas...

...defendant will take advantage of it and he will try to oust the plaintiff from the suit schedule property. 7. The said application was resisted by the defendant..., taking advantage of the pendency of the appeal, the defendants are trying to interfere with his peaceful possession and enjoyment of the suit schedule property and hence, he s...the schedule. The defendant denied the entire plaint averments and contended that the defendants grand father one Sri. Mariyappa purchased the land to an extent of 31 guntas in ...

...disposal of the above appeal, are that the plaintiff-appellants filed the aforesaid Title Suit No. 13 of 1992 for declaration of title and possession over the suit land ...wrongly recorded in favour of the State of Bihar (Defendant No. 1), although in the remarks column, the plaintiff possessions was mentioned.The aforesaid ...record held that the plaintiffs have got right, title, interest and possession over the suit land and the entry made in the regional survey of khatian, in favour of ...

...in the remarks column of the Hal R.o.R of the suit plots. But, the settlement authorities should have prepared R.o.R of the suit properties in... i. Is the suit legally maintainable? ii. Is there any cause of action to bring the suit? ...15.12.2012l respectively and set aside the Judgment and Decree of the dismissal of the suit of the plaintiff vide C.S. No.970 of 2006-I passed by the Trial Cour...

...dismissal of the suit. Whereas in the counter-claim the defendant sought a declaration that entries in the khasra girdawari from kharif 2010 onwards and the col...possession on any part of the land in suit. It is further averred that the entries in Khasra Girdawari from Kharif, 2010 and in the jamabandi, in ...counter-claim, the defendant/appellant has sought declaration to the effect that entries in Khasra Girdawari from Kharif, 2010 onwards and in the jamabandi for the ye...

...Judgment and Decree dated 30/4/2010. The learned trial court has held that the Defendant has obtained Judgment and Decree dated 23/6/2003 passed in Regular Civil Suit No. 280/2000 by practicing fraud on ...Defendant in the said suit i.e. Plaintiff in the present suit and the correct name was mentioned...respect to claim of ownership of the Defendant over the above two suit properties, the matter needs to be remanded for consideration afresh, in the light of evi...

...stands disposed of.RSA-4565-20093. The appellants-plaintiffs are aggrieved of the concurrent findings of fact, whereby the suit claiming declaration to ...it been so, perhaps there would not have any occasion for the plaintiffs to file the suit. In the absence of the Will, all the siblings i.e successors-in-interest ...Amit Rawal, J. (Oral)CM-13685-C-20091. For the reasons stated in the application, delay of 52 days in filing the appeal is condoned.2. CM...

...daughter (plaintiff) possessed the suit properties. On the basis of allotment of the suit properties into the share of Mayabati, she (Mayabati) became the exclu...the suit properties in the name of defendant nos.1 and 2 as per the order of Bhogra Conversion Proceeding, they (defendant nos.1 and 2) sold some of ...the name of defendant nos.1 and 2 jointly. Thereafter in Milan Khasara operation, during Bhogra Conversion Proceeding, the suit properties were entered in the demand lis...