Showing : 1-10 of 34 Results

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
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..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Adverse possession-- Co-sharer - No adverse possession can be claimed by other co-sharer, in the absence of any evidence of ouster of a co-sharer...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Adverse possession-- Amongst co-sharers - Plaintiff in possession - No legal and acceptable evidence that their possession was hostile and had ripened into title - Possession was on behalf of each and every co-sharer - Held, plaintiff cannot seek declaration to the effect that he has become owner of suit land by way..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Adverse possession -- Co-sharer - If a co-sharer is in possession of entire property, his possession cannot be deemed to be adverse for other co-sharers unless there has been complete ouster of other co-sharers...........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Adverse possession -- Co-sharer - Possession of one co-sharer is possession of all co-sharers - There can be no adverse possession against co-sharer in the absence of complete ouster - A co-sharer through out recorded in the revenue record as such petitioner cannot be treated to be in adverse possession...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Adverse possession -- Co-sharer - There can be no adverse possession against co-sharer in the absence of ouster - Mere contesting mutation of right to title is no ouster - Purchaser from a co-sharer also becomes and remains a co-sharer...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2013
Details
Adverse possession -- Co-sharer - Plea is not available in absence of pleading and proof of ouster of co-owner in respect of whose share adverse possession is claimed - Even otherwise, claim for acquisition of ownership by way of adverse possession is being looked down upon by the Courts as an affront to human rights...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Adverse Possession -- Co-owner - Held, where an ouster has been proved of co-owner, then plea of adverse possession can be set up - Once co-sharer openly asserts his title and denies that of other and this hostile attitude is known to knowledge of other co-sharers which is point of limitation from which principle of..........

Showing : 1-10 of 34 Results