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Results of adverse possession by plaintiff

Showing : 101-110 of 244 Results

UTTARAKHAND HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Appellate stage - Permissibility - Suit was instituted by plaintiff/petitioner on the sole basis of title deed - After loosing the case from the trial Court, she moved amendment application in the pending appeal - By way of amendment plaintiff/petitioner, on the ground of adverse possession, claimed title..........

BOMBAY HIGH COURT

Year of decision: 2012
Details

Limitation Act, 1963, Article 65 -- Suit for possession - Suit filed in the year 1996 - Plea of adverse possession - Limitation to file suit for possession based on title is 12 years - Time from which the said period begins to run is when the possession of defendant became adverse to the plaintiff - Proof of mere possession from 1976 is not enough - Held, question of..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2012
Details

Court Fees Act, 1870, Section 7 - - Court fee - Suit for declaration to be owners in possession by way of adverse possession and that defendants have no right, title or interest in the suit land and that various sale deeds and consequent mutations are null and void and relief of injunction also prayed - Plaintiff not being party to the impugned sale deeds is not liable to..........

SUPREME COURT OF INDIA

Year of decision: 2012
Details

Evidence Act, 1872, Section 114(g) -- Adverse inference - Document in possession of defendant - Plaintiff not permitted to have any inspection - Plaintiff did not submit any interrogatory statement or an application for making inspection or for production of the document - Held, in such a fact situation, it is not permissible for Court to draw any adverse inference against..........

MADHYA PRADESH HIGH COURT

Year of decision: 2012
Details

Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and permanent injunction - Plaintiff claimed to have purchased suit land - No registered document available - Only receipt of payment and deed of conveyance written on a plain paper which was not registered - Title also claimed on basis of adverse possession - No substantial document to prove title..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2012
Details

Limitation Act, 1963, Article 64, 65 -- Adverse possession - Plea not available to plaintiff - Suit seeking declaration for having become owner of suit property by way of adverse possession itself is not maintainable - Person can only raise such plea by way of defence and not by way of offence by filing suit...........

PUNJAB & HARYANA HIGH COURT

Year of decision: 2012
Details

Adverse possession -- Suit for declaration on the basis of adverse possession - Plaintiff while in the witness box admitted that defendants are owners of the suit land and he is in legal possession of the suit land - Held, this admission demolishes the whole case of plaintiff that he is in adverse possession of the suit land...........

PUNJAB & HARYANA HIGH COURT

Year of decision: 2012
Details

Adverse possession -- Suit for declaration of ownership on the basis of adverse possession - Counter claim of possession - Plaintiff while in the witness box admitted defendant to be owner of the suit land and that he is in legal possession - Plea of defendant that plaintiff was licensee and in unauthorized possession thereof because his licence stands revoked..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2012
Details

Possession -- Plaintiff filed suit against defendants alleging that he is co-owner to extent of half share in suit land - He proved that defendants have encroached upon suit land - No rebuttal to credible evidence led by plaintiff - Defendants have also not claimed ownership over suit land nor claimed adverse possession thereon - Held, defendants are in illegal possession..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2012
Details

Limitation Act, 1963, Article 58 -- Declaratory suit - Revenue entries - Limitation to challenge - Held, in a suit for declaration as well as permanent injunction, limitation will not start w.e.f. the date an adverse entry is made in revenue record but when actual possession of plaintiff is threatened by other party u/Art.58 of Limitation Act - Time would begin to run not..........

Showing : 101-110 of 244 Results