Declaration of Title
Khaleel Ahmed
(Querist) 02 November 2008
This query is : Resolved
Plaintiff filed suit for declaration of title against Defendant Municipality.Suit for declaration of title filed against the defendant is merely because the defendant denied the title of the plaintiff in written statement. The Defendent have no documentary evidence or orally evidence in their support. The plaintiff have filed 44 exhibits in support of there claim. But unfortunately suit was dissmissed by the trial court. The plaintiff filed appeal against the decree and judgement. During the pendency of appeal the respondent Municipality issued building construction permissions to the appellant and alloted house no and issued owner ship certificate. Could the appeallant file a leave petition asking the court that the suit has been adjusted totally and the satisfaction may be recorded and appeal may be closed ? Can the court could pass orders prayed.
Khaleel Ahmed
smilingadvocate
(Expert) 02 November 2008
No,
As per your version as the municipality the same defendent has issued ownership certificate and also allotted house number as such the same can be brought tothenotice of the court as subsequent events and also by way of addl. documents and then obtain a decree in your favour as in view of the denial of your title there is cloud upon your title which has been cleared subsequently, Hence as the matter is subjudiced as such the same may be seen to come on record and obtain decree rather than closing the appeal.
