indianlawlearner 14 August 2023

Section for declaration of title and possession for a registered society in madras high court

Under what section should a suit for declaration of title and recovery of possession for a registered society in Madras High Court be filed? Kindly quote relevant Court fees and Court fees section to file in Madras High Court

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Quick Summary

This discussion clarifies the legal sections required for filing a suit concerning title declaration and possession recovery for a registered society in the Madras High Court. It highlights that a plaint should be filed under Section 26 and Order VII Rule 1 of the CPC, 1908. For declaration relief, Section 34 of the Specific Relief Act, 1963, is relevant, while Section 6 of the same Act provides a remedy for dispossession from immovable property. Specific court fees and lawyer fees should be confirmed with legal counsel.

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T. Kalaiselvan, Advocate (Advocate) 15 August 2023

A plaint should be filed under section 26 and order VII rule 1 of cpc, 1908 for filing a suit in the civil case.

The suit for declaration relief is within the section 34 of the Specific Relief Act, 1963 which enables a person who have his right or legal character declared by a court of law.

The section 6 of this Specific relief act,1963 Provides a remedy to a person who is disposed without his consent from immovable property otherwise than in due course of law. He can also bring a suit for seeking recovery of the possession notwithstanding any other title that may be set up in such a suit.

The court fee and the lawyer's fee can be enquired from the lawyer you may intend to engage