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Results of possession

Showing : 2751-2760 of 7308 Results

ANDHRA PRADESH HIGH COURT

Year of decision: 2011
Details

Trespasser -- In settled possession - Cannot be evicted by force even by the true owner - Settled possession must be (i) effective; (ii) undisturbed and (iii) to the knowledge of the owner or without any attempt and concealment by the trespasser - An occupation of the property by a person as a agent or a servant acting at the instance of the owner will not amount to actual..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2011
Details

Settled possession -- Tests which may be adopted as a working rule for determining the attributes of `settled possession' are : (i) that the trespasser must be in actual physical possession of the property over a sufficiently long; (ii) That the possession must be to the knowledge (either express or implied) of the owner or without any attempt at concealment by the..........

CALCUTTA HIGH COURT

Year of decision: 2011
Details

Civil Procedure Code, 1908, Section 20, Order 7, Rule 11, Specific Relief Act, 1963, Section 20 -- Suit for specific performance of memorandum of understanding - Territorial jurisdiction - No relief for declaration of title to property or for possession of property claimed - Suit for specific performance simpliciter and not suit for land - Held, suit is triable by Calcutta..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2011
Details

Civil Procedure Code, 1908, Section 100 -- Declaratory suit - Plea of adverse possession by plaintiff - Maintainability of suit - Held, in absence of any statutory/recognition/provisions, authorizing plaintiffs to claim ownership by way of adverse possession, plea of adverse possession cannot possibly be used as a sword (weapon of attack) by plaintiffs - It can only be..........

RAJASTHAN HIGH COURT

Year of decision: 2011
Details

Civil Procedure Code, 1908, Section 10, 151 -- Stay of subsequent suit - Suit for declaration and setting aside sale and permanent injunction - Subsequent suit for possession, mesne profits and injunction - Parties and the land in question is one and the same but the matter in issue is altogether distinct in both the suits as such provision of S.10 CPC is not applicable -..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2011
Details

Local Governance bodies -- Gram Panchayat - Land - Suit for possession - Appellant-plaintiff before lower appellate court had admitted that ownership of land vests in Gram Panchayat - He has also failed to prove that sale deed relied upon relates to suit property - It is admitted case of plaintiff that he lost possession of property some where in the year 1995 - Held, to..........

RAJASTHAN HIGH COURT

Year of decision: 2011
Details

Adverse possession -- Right to worship by Osra (turn by turn) - Plaintiff minor at his Osra - Possession of defendants during minority of plaintiff, not adverse...........

PATNA HIGH COURT

Year of decision: 2011
Details

Civil Procedure Code, 1908, Order 21, Rule 97, Bihar Building (Lease, Rent and Eviction) Control Act, 1983, Section 12 -- Eviction - Recovery of possession - Tenant compromised eviction suit with landlord and agreed to vacate suit premises within stipulated period as reported in the compromise decree - Tenant did not vacate suit premises within stipulated time - Execution..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2011
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Police aid - Temporary injunction will become ineffective if police aid not granted as it is not possible for plaintiff to protect his possession - Order granting police aid does not suffer from any illegality or irregularity and the same is in accordance with law...........

SUPREME COURT OF INDIA

Year of decision: 2011
Details

Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for partition and separate possession filed by plaintiff to the extent of 1/4 share under Mohd. Law - Suit decreed - Appeal allowed by appellate court - High Court allowed second appeal without formulating substantial questions of law - Held, jurisdiction of High Court u/s 100 of CPC is not akin to appellate..........

Showing : 2751-2760 of 7308 Results