Showing : 51-60 of 620 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Adverse possession-- Plea by defendant - Burden is upon defendant to prove as to at what point of time his possession became hostile to the plaintiff and at what point of time it matured into title by way of adverse possession after lapse of 12 years - In the instant case it can be safely concluded that defendants..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Adverse possession-- Suit for permanent prohibitory injunction - Defendant contended that he is in possession of suit land for more than 45 years - However, defendant not able to prove that from which date he came in possession over suit land and what was the nature of his possession - Even otherwise, if it is assumed..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Adverse possession-- Plea of adverse possession is essentially a plea based on facts - It is required to be proved by party raising it on the basis of proper pleadings and evidence - Burden to prove such plea is on the defendant who had raised it...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Adverse possession-- Plea of adverse possession is only available to defendant if he admits the ownership of true owner over suit property to the knowledge of true owner - If defendant does not admit plaintiff's ownership over suit land, issue of adverse possession, cannot be tried successfully at the instance of..........
KERALA HIGH COURT
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration on the basis of adverse possession - Suit is not maintainable, as claim of adverse possession can be used as shield and not as a sword...........
KERALA HIGH COURT
Year of decision: 2017
Details
Limitation Act, 1963, Section 27-- Extinguishment of right to property - "Right" mentioned in S.27 of the Act is right to recover possession only and nothing more - Nowhere it is mentioned that title of such person would be extinguished - When there is no extinguishment of title, extinguishment of right of title holder to recover..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Bar of limitation - Suit for possession on the basis of title - Possession of defendants become adverse on the execution of sale deed in 1987 - Aspect of knowledge being obtained by plaintiffs of such transaction would not come into play - Period of limitation would commence..........
ORISSA HIGH COURT
Year of decision: 2017
Details
Adverse possession-- Against State - A person who bases his title on adverse possession must show by clear and unequivocal evidence that his possession was hostile to the real owner and amounted to a denial of his title to the property claimed - Burden lies on him to prove by clear and unequivocal evidence that his..........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 12, Rule 6-- Judgment on admission - Suit for possession, recovery of mesne profit and damages against son and daughter-i, law - Plaintiff exclusive owner of suit property which fact not denied by defendant - Even permissive user of suit premises not disputed by defendant - Except for bald and vague denials,..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Adverse possession-- Notice dated 11.8.1964 alleging trespass - Suit filed on 09.09.1980 - Plaintiff for 12 years not sought possession - Second notice issued on 20.10.1978 by that time his right to seek possession of suit property has got extinguished - When suit was presented on 09.09.1980 it was beyond period of..........

Showing : 51-60 of 620 Results