Adverse possession -- Plea by defendant - Permissive possession - Possession was never hostile to the owners of property - Element of hostility completely missing - Plea of adverse possession not proved - Since structure was put up by defendant and is same is completely dilapidated - Value of structure may not be more than Rs.5,000/- - However, considering the fact that..........
Adverse possession -- To substantiate claim for acquisition of title by way of adverse possession, one has to prove that his possession is actual and hostile to actual owner of land which he is possessing uninterruptedly and continuously beyond statutory period prescribed for that purpose u/art 65 of Limitation Act and within knowledge of true owner...........
Adverse possession -- Defendants admitted that they have got no knowledge about true owner of suit land and they entered and started to possess suit land on understanding that it was a Government khas land - They failed to discharge their statutory burden to prove ingredient of adverse possession - Plea of adverse possession not proved...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Relinquishment deed in favour of plaintiffs - Two co-sharers have abandoned their right, title and interest relating to suit property in favour of plaintiffs by executing a relinquishment deed - No dispute raised by executors of relinquishment deed - In absence of any dispute raised by executors of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Partition suit - Amendment sought to incorporate plea of adverse possession - Defendants contended that they perfected their rights by adverse possession - No prejudice would be caused to plaintiff by amending written statement as sought for - Moreover, amendment sought would not alter or..........
Adverse Possession -- Defendants cannot be held to have perfected the title by adverse possession when both the parties were still fighting the issue in between them and delay was a systematic delay...........
Adverse possession -- Merely because plaintiff chose a wrong forum or in view of the time taken in the litigation by different courts, i.e the systematic delay, It cannot be considered that the defendants in the meantime perfected title on account of adverse possession...........
Punjab Wakf Act, 1995, Section 107, Limitation Act,1963 -- Wakf property - Applicability of Limitation Act - S.107 of Punjab Wakf Act postulates that nothing contained in Limitation Act would apply to a suit for possession of immovable property comprised in any Wakf or for possession of any interest in such property - Therefore, suit filed by plaintiff could not be said..........
Adverse possession -- It is hostile possession by assertion of a hostile title in denial of title of true owner...........
Adverse possession -- Plaintiff claimed adverse possession before expiry of 12 years, as original owner sold the suit lands to one person and she was put in possession - Claim of uninterrupted possession by plaintiff for 12 years therefore, unsustainable as completely devoid of substance...........
