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ALLAHABAD HIGH COURT
Year of decision: 2008
Details
Adverse possession-- Co-sharer - If a co-sharer remains in adverse possession for a period of 12 years, which is definitely hostile to the plaintiff, right of co-sharer become extinct...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Co-sharer-- Injunction - Co-owner not in possession of any part of the joint land - Not entitled to seek an injunction against the other co-sharer who is in exclusive possession of joint property unless any act of the co-sharer in possession of property amounts to ouster, prejudicial or adverse to the..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Possession-- Plea of adverse possession negated in the previous suit - Possession of defendants held to be that of a co-sharer - Question as to whether present suit for possession on basis of title is to be filed within 12 years of asserting adverse possession in the previous suit - Held, No - Mere assertion..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Adverse possession-- Co-sharers - Possession of one co-sharer is possession of all the co-sharers - In the case of co-sharers, mere length of possession of one co-sharer does not give any title to the co-sharer in possession...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Adverse Possession-- Suit for declaration of title on the basis of adverse possession - Co-sharer claiming adverse possession of the joint land - Co-sharers presumed to be in possession unless contrary is proved - Mere assertion of title by in itself not sufficient - Intention of possessing (animus possidenti) to be..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Adverse possession-- Co-sharer - Long and continuous possession by itself does not constitute adverse possession - Even non-participation in the rent and profits of the land to a co-sharer does not amount to ouster so as to give title by prescription - A co-sharer, becomes a constructive trustee of other co-sharer and..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Adverse possession-- Co-sharer - Notice issued in 1955 claiming partition of property - However, suit filed in the year 1979 - Held, in order to oust one of the co-sharers only on the basis of the so called notice cannot be deemed to be sufficient to come to a conclusion of adverse possession or extinguishing her..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Adverse Possession-- Joint property - Ouster of one of the co-sharers - Law summed up - (i) No hard and fast rule can be laid down from which it can be inferred that any co-sharer has ousted other co-sharer. It will depend upon facts of each case - (ii) Uninterrupted sole possession of joint property, without any..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Adverse possession-- Co-sharer - Simply long possession is not a factor to oust a co-sharer but something more positive is required to be done - There must be a hostile open possession, denial and repudiation of the rights of other co-owners and this denial or repudiation must brought home to the co-owners...........
FINANCIAL COMMISSIONER, PUNJAB
Year of decision: 2005
Details
Punjab Land Revenue Act, 1887, Section 111, 112, 113, 114, 115, 116, 117-- Partition of joint land - One of the co-sharer claiming ownership by way of adverse possession - Objected to partition on plea of pendency of civil suit involving question of title - AC Ist filed the application on account of pendency of civil suit - Collector in appeal directed AC Ist to decide..........

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