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Results of adverse possession limitation

Showing : 31-40 of 205 Results

ANDHRA PRADESH HIGH COURT

Year of decision: 2014
Details

Limitation Act, 1963, Article 65 -- Suit for possession - Limitation for filing suit for possession is 12 years when possession of a defendant becomes adverse to the plaintiff - Suit for possession cannot be dismissed as barred by limitation if not filed within 12 years from the date of dispossession...........

BOMBAY HIGH COURT

Year of decision: 2014
Details

Limitation Act, 1963, Article 64, 65 -- Adverse possession - No evidence led by defendants showing that their possession with animus possidendi began from a particular date - No date or year has been stated by defendants to be point of time from which they started occupying property with requisite animus possidendi to knowledge of plaintiffs - Therefore, defendants cannot..........

BOMBAY HIGH COURT

Year of decision: 2014
Details

Limitation Act, 1963, Article 65 -- Adverse possession - Plea of adverse possession must be expressly raised and established - One cannot be permitted to raise mutually inconsistent pleas at different stages of suit to base his claim as sharer in ancestral property and other plea based on adverse possession - Plea as to adverse possession and claim thereof cannot commence..........

BOMBAY HIGH COURT

Year of decision: 2014
Details

Limitation Act, 1963, Article 65 -- Adverse possession - Non user of property by owner even for long time would not effect title of owner unless claimant to adverse possession has asserted hostile title in denial of title of true owner peacefully, openly, continuously and for a continuous period of 12 years or more...........

SUPREME COURT OF INDIA

Year of decision: 2013
Details

Adverse possession -- Time spent in adjudication of suit and appeal whether arrests the running of time for the purpose of adverse possession : (1) When a person entitled to possession does not bring a suit against the person in adverse possession within the time prescribed by law his right to possession is extinguished - From this it only follows that if the former..........

SUPREME COURT OF INDIA

Year of decision: 2013
Details

Limitation Act, 1963, Section 28, Article 64, 66, 67 -- Adverse possession - Time for acquiring title - Suspension of - Appellant had filed suit for eviction - Relief sought in plaint was for delivery of possession - Held, after institution of suit, time for acquiring title by adverse possession has been arrested or remained in a state of suspension till entire proceedings..........

SUPREME COURT OF INDIA

Year of decision: 2013
Details

Specific Relief Act, 1963, Section 34, Limitation Act, 1963, Article 65 -- Declaration on ground of adverse possession declined but relief of injunction granted - Relief of injunction not challenged, hence finding became final - Finding of High Court in second appeal that plaintiff is not entitled to injunction were unnecessary and beyond the scope of appeal - Possession..........

GUJARAT HIGH COURT

Year of decision: 2013
Details

Transfer of Property Act, 1882, Section 59 -- Suit for redemption of mortgage and suit for possession - In some respects both the suits are similar - However, there are vital differences also - In a suit for redemption, on proof of valid mortgage, redemption could be granted, whereas in title suit, plaintiff is required to establish his title to the suit property - Period..........

BOMBAY HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 14, Rule 2, Limitation Act, 1963, Article 65 -- Adverse possession - Limitation - Framing of issue - Case of plaintiffs is that they are owners of suit plot - Defendants claimed that they are in possession of same and acquired title to it by adverse possession - Framing of issue of limitation - Held, since the suit based upon title is..........

BOMBAY HIGH COURT

Year of decision: 2012
Details

Limitation Act, 1963, Article 65 -- Suit for possession - Suit filed in the year 1996 - Plea of adverse possession - Limitation to file suit for possession based on title is 12 years - Time from which the said period begins to run is when the possession of defendant became adverse to the plaintiff - Proof of mere possession from 1976 is not enough - Held, question of..........

Showing : 31-40 of 205 Results