Showing : 151-160 of 270 Results

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: 2007
Details
Civil Procedure Code, 1908, Section 100-- Substantial question of law - Suit for possession and injunction - Dismissed by Trial Court on the ground of maintainability, limitation and other ground - Lower Appellate Court affirmed the judgment and decree of Trial Court - Appeal dismissed also on a finding that defendant had acquried title..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Title suit - Appellant (Defendant No.4) claimed title by adverse possession - Suit dismissed - First Appellate Court opined that plaintiff and defendant No.4 had not acquired any title to the property - Defendant No.4 filed second appeal - High Court dismissed second appeal..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Limitation Act, 1963, Article 64, 65-- Adverse possession - Burden of proof - High Court in regular second appeal formulated substantial question of law that burden of proof lies on the plaintiff to prove his title. Held - Substantial question erroneously framed by High Court. Burden of proving perfection of title by way of adverse..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Limitation Act, 1963, Article 64, 65-- Adverse possession - Burden of proof - Requirement - Suit for declaration claiming title over suit property - Defendant set adverse possession under the Act, plaintiff to prove his title then the burden shifts on the defendant to establish that he has perfected his title by way of adverse..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Adverse possession-- A plea of adverse possession arises where a person alleges long established, hostile, open and uninterrupted possession, to the knowledge of the true owner - The possession must be with intent, express or implied to hold the property in denial of the legal rights of the true owner - A successful..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Adverse possession-- One who holds possession on behalf of another or with another's consent or under title or assumed title, derived from another, cannot assert rights adverse to the title of the true owner - A plea of adverse possession is, in essence, a plea of ouster of title of the true owner and the vesting..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Adverse possession-- Permissive possession cannot be converted into adverse possession unless it is proved that the person in possession asserted adverse title to the property to the knowledge of the true owner for a period of 12 years or more...........
GUJARAT HIGH COURT
Year of decision: 2006
Details
Transfer of Property Act, 1882, Section 53A-- Plea of adverse possession and part performance are mutually destructive - One cannot be allowed to say that on one side, he admits the title of plaintiff for the purposes of S.53-A TPA and at the same time, asserts title in his own self...........
GUJARAT HIGH COURT
Year of decision: 2006
Details
Limitation Act, 1963, Article 65-- Adverse possession - Suit for possession of immovable property based on title can be filed within twelve years - The starting point of limitation would be the date when the possession of the defendants becomes adverse to the plaintiffs...........

Showing : 151-160 of 270 Results