Showing : 151-160 of 274 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Adverse possession-- Plaintiff claiming ownership on the basis of adverse possession - Planitiff to show against whom the possession is adverse - Required to plead and prove who is true owner of the property whose title is being denied by him - Mere long possession does not necessarly mean that it is adverse and..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Adverse possession-- Suit for declaration claiming title on the basis of adverse possession - Plea of adverse possession can be raised only in defence and is not a plea of attack. Bhim Singh's case, 2006(1) PLJ 420 relied...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Limitation Act, 1963, Article 63, 64-- Adverse possession - Requirements - Plaintiff who makes a claim for adverse possession has to plead and prove the period and date on and from which he claims to be in exclusive, continuous and undisputed possession to the knowledge of the real owner - He has to show his hostile title and its..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Adverse possession-- Co-owners - In a suit filed by defendants for partition in the year 1968 and a similar suit in the year 1978 plaintiff asserted hostile title claiming ownership in himself - Claim of hostile title by plaintiff was thus known to the defendants - Pendency of a suit does not stop running of..........
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-- 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..........

Showing : 151-160 of 274 Results