Showing : 1-10 of 199 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Adverse possession-- Perfection of title by adverse possession - In case of infringement of any of his rights a plaintiff who has perfected his title by adverse possession, can sue and maintain a suit...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Adverse possession-- Perfection of title by adverse possession - Once the right, title or interest is acquired it can be used as a sword by plaintiff as well as a shield by the defendant within ken of Article 65 of Limitation Act and any person who has perfected title by way of adverse possession can file a suit for..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Adverse possession-- Perfection of title by adverse possession - By perfection of title on extinguishment of owner's title, a person cannot be remediless - In case he has been dispossessed by the owner after having lost the right by adverse possession, he can be evicted by plaintiff by taking plea of adverse..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 38-- Permanent injunction - Report of Local Commissioner as to raising some construction by defendant - Plaintiff did not enter witness box - However, his brother who is co-sharer in the suit land entered the witness box claimed to be in possession of suit land but did not depose about defendant having..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Adverse possession -- Both the parties to suit did not know as to how much land was in exclusive possession of plaintiff and how much land was in possession of defendants - It was only when plaintiff got suit land measured through revenue department, he came to know that some portion which had fallen to his share was..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Adverse possession -- Plaintiff undisputedly was the owner of encroached land, which was alleged to be in possession of defendants - Defendants thus, admitted the ownership of plaintiff over entire land including suit land by setting up plea of adverse possession over it - Courts below thus, not justified in holding..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Adverse possession -- Defendant encroached upon land of plaintiff in the year 1983 - Suit for declaration filed by plaintiff in the year 1992 is within 12 years from date of knowledge of such encroachment - Plea of adverse possession was thus, not available to defendants against plaintiff, because 12 years had not been..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 38-- Injunction - Co-sharer - Plaintiff not entitled to injunction against other co-sharers even assuming that he is in possession - Possession of one co-sharer is possession of all co-sharers - It cannot be adverse to them, unless there is denial of their right to their knowledge by the person in..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 38-- Injunction - Co-sharer - Plaintiff not entitled to injunction against other co-sharers even assuming that he is in possession - Possession of one co-sharer is possession of all co-sharers - It cannot be adverse to them, unless there is denial of their right to their knowledge by the person in..........
ORISSA HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration on the basis of adverse possession - Date of entry into suit land not mentioned - Mere possession of suit land for long time is not sufficient to hold that plaintiff had perfected title by way of adverse possession, unless classical requirements of adverse possession are..........

Showing : 1-10 of 199 Results