Showing : 141-150 of 176 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 1995
Details
Adverse possession-- Co-owner - Co-sharer in possession would become constructive trustees on behalf of the co-sharer who is not in possession and the right of such co-sharer would be deemed to be protected by the trustees. (Limitation Act, 1963, Art.65)..........
SUPREME COURT OF INDIA
Year of decision: 1995
Details
Limitation Act, 1963, Article 65-- Adverse possession - Absence of any overt act and open hostile or notorious possession - Mere proof of entries showing posses-sion - Not sufficient to claim the relief of adverse possession...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 1995
Details
Adverse possession-- It is that possession which is peaceful, open, and continuous and this possession is required to be in continuity and in publicity - It mast be actual, visible, exclusive, hostile and continuous for over the statutory period. (limitation Act, 1963, Art.65)..........
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-- 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...........
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..........
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-- 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..........

Showing : 141-150 of 176 Results