ORISSA HIGH COURT
Year of decision: 2016
Details
Suit for possession-- Plea of adverse possession - Concurrent findings of Courts below against defendant in negating his claim of acquisition of title by adverse possession cannot be found fault with, as it has not been established by clear, cogent and acceptable evidence - Nature of possession of defendant over suit..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Adverse possession-- Suit for declaration, on the plea of adverse possession, is not maintainable - Plea of adverse possession is available only as a defence...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Adverse possession-- Amongst co-sharers - Plaintiff in possession - No legal and acceptable evidence that their possession was hostile and had ripened into title - Possession was on behalf of each and every co-sharer - Held, plaintiff cannot seek declaration to the effect that he has become owner of suit land by way..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Adverse possession-- Mere possession for long time does not convert permissible possession into adverse possession...........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Adverse possession-- Where plaintiff and defendant had inherited properties in question from common ancestor, alternative plea of adverse possession by defendant was inconsequential...........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Adverse possession-- Claim of defendant that he was in possession of suit property for the last 35 years, not proved, as there is no document on record to prove the same - Plaintiff on the other hand stated that property fell to his share - Defendant did not make any cross-examination of plaintiff on this aspect -..........
DELHI HIGH COURT
Year of decision: 2016
Details
Evidence Act, 1872, Section 114-- A party in possession of best evidence is bound to produce the same on record irrespective of onus or burden of proof - Court may draw an adverse inference if he withholds important documents in his possession which can throw light on the facts at issue...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Adverse possession-- Possession when permissive possession, plea of adverse possession for claiming title over property cannot be accepted...........
CHHATTISGARH HIGH COURT
Year of decision: 2016
Details
Adverse possession-- Suit for declaration claiming title on the basis of adverse possession is not maintainable - Plea of adverse possession can be raised only in defence and is not a plea of attack...........
UTTARAKHAND HIGH COURT
Year of decision: 2016
Details
Adverse possession-- Time span of 12 years - Time span of 12 years is prescribed "when the possession of the defendant becomes adverse to the plaintiff" and not "when the possession of the defendant becomes adverse to the plaintiff or his predecessor in title (Article 65 Limitation Act, 1963)...........