Showing : 101-110 of 140 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2005
Details
Mandatory Injunction -- Suit by plaintiff-respondent directing defendant-appellant to hand over possession of demised premises - It has come on record that the plaintiff has failed to prove his ownership - Merely because adverse possession has been claimed by defendant against everybody is of no significance - Suit for..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Civil Procedure Code, 1908, Section 100, 107-- Suit for declaration - Dismissed by trial Court - First appellate Court decreed suit by holding that plaintiff has perfected title by adverse possession - High Court summarily rejected second appeal on ground that First Appellate Court's observation regarding adverse possession were not questioned..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2005
Details
Specific Relief Act, 1963, Section 37, 38, 34-- Permanent injunction - Suit for declaration to be owner in possession by way of adverse possession and consequential relief of permanent injunction restraining defendant from interfering in possession - Ownership by way of adverse possession not proved - However, plaintiff found to be in..........
KARNATAKA HIGH COURT
Year of decision: 2005
Details
Adverse possession-- It must be pleaded and proved that possession is adequate, in continuity, in publicity and in extent and adverse to the true owner - Mere long possession for more than 12 years without intention to possess the suit land adverse to the title of the plaintiff and to the latter's knowledge cannot..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2004
Details
Adverse possession -- Appellant/plaintiff denied the title of the respondent/defendant to the suit land in an earlier suit filed by respondent - After dismissal of the suit of defendants after 17 years suit filed by appellant asserting hostile possession by way of written statement in 1978 - Held that one of the..........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Limitation Act, 1963, Article 64, 65-- Suit for declaration and possession filed in 1955 - Defendant alleged to have taken forcible possession in 1949 - Defendants however claimed to be in possession since 1928 - Courts below found plaintiff to be owner but had lost title as defendants had perfected their title by adverse possession -..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2003
Details
Adverse possession-- Acquiescence - Defendant raising construction on land of plaintiff- Plaintiff filing suit for possession after a gap of 8 years - No evidence that plaintiff had knowledge of or did not object to construction being raised by defendant at any time - Held, that simply because plaintiff filed suit for..........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Limitation Act, 1963, Article 65-- Suit governed by Art.65 - In order to succeed plaintiff has to prove his title - It is not necessary for him to prove that he was in possession within 12 years preceding the filing of suit - On the contrary, it is for the defendant so to prove if he wants to defeat the plaintiff's claim to..........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Possession-- Suit for - Plaintiff has to prove his title and it is not necessary to prove that he was in possession within 12 years preceding the filing of the suit - Defendant if wants to defeat the plaintiff's claim has to establish his title by adverse possession...........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Adverse possession-- Mere long possession of defendant for a period of more than 12 years without intention to possess suit land adversely to title of plaintiff and to latter's knowledge - Cannot result in acquisition of title by defendant to encroached suit land - Animus to hold land adversely to title of true owner..........

Showing : 101-110 of 140 Results