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Khaleel Ahmed (Legal Advisor)     02 November 2008

Suit for declaration of title

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



Learning

 3 Replies

UMA DEVI MADASANI (INCHARGE IPR DEPARTMENT & HR DEPARTMENT: CS (Executive) student)     02 November 2008

Mr. Khaleel Ahmed


There are so many loopholes in this case.  But I am trying to give my view to the best of my knowledge. 


Point 1.  When the Plaintiff filed the suit against the municipality he would have the clear title because it is vacant plot.  If he doesn't have clear title the suit,  would, definitely be dismissed.  Here on what reasons the court has dismissed the suit.  The problem is not clear.


Point 2.  The defendant municipality need not have documentary evidence, in particular.  I think It would be government land.  The revenue records are sufficient for their claim.  And moreover, the court might have dismissed the suit as the plaintiff has no legal right on the property(vacant land).


Point 3.  You said that the appellant preferred the appeal against the order of the trial court.  During the pendency of the appeal the Respondent municipality sanctioned the building construction permission and allotted the house No. consequently.  I don't understand how could it happen.  


However,  at this stage, the appellant need not continue the appeal. There are two options for the appellant.


1. The appellant can file original House No. certificate, ownership certificate before the appellate court in support of his claim and get the appeal be adjudicated so that the problem could be solved forever as the judiciary is the apex authority to decide any disputes.


2. The appellant can withdraw the appeal mentioning that the appeal has become infructuous.

Ajay kumar singh (Advocate)     02 November 2008

By according permission for construction and by allotting house number municipality has given you a golden chance. You should avail it.Please proceed with the appeal and I hope it will be allowed. Withdrawal of appeal may be harmful.

prof s c pratihar (medical practitioner &legal studies)     02 November 2008

in dayavati vs inderjeet speaking for the supreme court Hidayatullah   J stated---an appeal has been said to be  the right of entering a superior court ,and invoking its aid and interposition to redress the error of the court below.the only difference between suit and appealthat an appeal only reviews and correct the proceedingsin a case already constituted and does not create the cause. ld lawyers has given appropriate advice and you proceed according to law.citation is given to bring strength in your mind.


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