Showing : 11-20 of 26 Results

ANDHRA PRADESH HIGH COURT
Year of decision: 2002
Details
Rent and Eviction-- Rent - Rate of - Defendant running a school in the building and account books maintained in which entries made about payment of rent - Though burden to prove rate of rent lies on plaintiff but person who is in possession of best evidence is obliged under law to produce the same - Non production of..........
SUPREME COURT OF INDIA
Year of decision: 1999
Details
Sikh Gurdwaras Act, 1925, Section 28, Limitation Act, 1963, Article 64, 65-- Suit for possession of undisputed property - Limitation of 90 days provided in S.28(1) to file suit for recovery of possession does not apply to a case where suit is on ground of dispossession of Gurdawara - For such a case limitation prescribed under the Limitation Act would apply - Property in..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Bona fides of claim - Plaintiff having taken the stand of ownership by adverse possession seeking amendment claiming to be tenant - Cannot be permitted to completely alter his original case and take defendant by totally new and distinctive cause of action - Amendment sought..........
SUPREME COURT OF INDIA
Year of decision: 1998
Details
Limitation Act, 1963, Article 64-- Adverse possession - Suit for possession on basis of title and defendant was tenant/unauthorised occupant - Defendant raising plea that he is in possession for more than 30 years and plaintiff not landlord - Title not proved - Evidence that defendants predecessor accepted plaintiff as landlord by..........
KARNATAKA HIGH COURT
Year of decision: 1998
Details
Transfer of Property Act, 1882, Section 108-- Encroachment by tenant of adjoining vacant land of landlord - Presumption is that land encroached upon are added to tenure for benefit of tenant so long as tenancy continues - Tenant cannot acquire title to encroached land by adverse possession but obtain only right of tenancy under landlord -..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1996
Details
Specific Relief Act, 1963, Section 36, 37-- Injunction against true owner - Title claimed on the basis of adverse possession - A tenant can never claim adverse possession against the true owner - Defendant proved by oral as well as documentary evidence his title and ownership - Concurrent findings of fact recorded by both the Courts below..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1995
Details
Limitation Act, 1963, Article 65-- Adverse possession - Tenant - Mere non payment of rent for a long period does not establish the complete ouster of the owner so as to constitute adverse possession of the tenant - Held, when the tenant denied the title of the owner in the litigation long back and was not paying rent and no effort..........
DELHI HIGH COURT
Year of decision: 1994
Details
Evidence Act, 1872, Section 116, Limitation Act, 1963, Article 65-- Estoppel -Tenant asserting his ownership by adverse possession over portions other than the portions which form part of his tenanted accommodation - Provisions of estoppel not available...........
BOMBAY HIGH COURT
Year of decision: 1989
Details
Limitation Act, 1963, Article 65-- Adverse possession - Limitation prescribed for such suit is 12 years - Tenant in addition to tenanted premises annexing one room in his occupation by trespass-Unless claims specifically in the written statement that he has perfected his title over that room by adverse possession cannot resist such..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1986
Details
Punjab Tenancy Act, 1887, Section 77(3)Denial- - Suit for possession in Civil Court - Maintainable - Ejectment application by C against N before Revenue Authorities dismissed on the ground that C's name did not figure as owner in revenue record as such no locus standi to seek ejectment-Suit by C in Civil Court for declaration of title and..........

Showing : 11-20 of 26 Results