Showing : 141-150 of 173 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 1995
Details
Adverse possession-- Hostile character of the possession can be inferred by the animus of the person setting up adverse possession - There must be clear assertion of hostile title - This possession must be to the knowledge of the owner. (Limitation Act, 1963, Art.65)..........
ORISSA HIGH COURT
Year of decision: 1995
Details
Easement Act, 1882, Section 15, Limitation Act, 1963, Article 64, 65-- Easement by prescription and adverse possession - Distinction - Both are of hostile origin -In case of adverse possession person in possession claims ownership in himself, in case of easement he asserts limits rights of user while acknowledging the ownership of owner...........
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..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 1994
Details
Adverse possession-- Possession proved must be definite, in continuity, in publicity and in extent so as to show that it is adverse to the true owner - The requirements of acquisition of title by adverse possession are that such possession is in denial of the true owner's title, must be peaceful open and continuous..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 1994
Details
Adverse possession-- Co-owner - To constitute adverse possession of a co-owner there should be conclusive evidence on record that he has been denying the rights of other co-owners asserting his hostile title by exclusive possession and enjoyment to the knowledge of other co-owners so as to constitute their ouster...........
SUPREME COURT OF INDIA
Year of decision: 1994
Details
Adverse possession-- Permissive possession - A possession of a co-owner or of a licensee or of an agent or a permissive possession to become adverse must be established by cogent and convincing evidence to show hostile animus and posses-sion adverse to the knowledge of real owner - Mere possession for howsoever length..........
DELHI HIGH COURT
Year of decision: 1994
Details
Adverse possession-- Co-sharers - Ouster of non-possessing co-owner - In the case of co-owners, the test of ouster is more exacting than in the case of strangers - Mere possession of one co-sharer is not sufficient for proof of ouster - There must be evidence of open assertion of hostile title coupled with exclusive..........
DELHI HIGH COURT
Year of decision: 1994
Details
Adverse possession-- Amongst co-sharers - Plea of ouster - Possession of one co-sharer in law is possession of all co-sharers - To constitute adverse possession, ouster of the non-possessing co-sharer has to be made out - There must be evidence of open assertion of a hostile title coupled with exclusive possession and..........
DELHI HIGH COURT
Year of decision: 1994
Details
Adverse possession-- Plaintiff claiming adverse possession - Held, plaintiff can file a suit by way of defence to his right to claim possession over a particular property when his right to possession is invaded by the owner or by a stranger. (Limitation Act, 1963, Art.65)..........
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...........

Showing : 141-150 of 173 Results