Showing : 31-40 of 160 Results

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..........
DELHI HIGH COURT
Year of decision: 2011
Details
Limitation Act, 1963, Article 65-- Suit for possession - Limitation - 12 years - Period of limitation starts to run when a title adverse to plaintiff is claimed...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Adverse possession-- Right of adverse possession is a piratical right, mainly, based on (i) speculative and negative theory of default, (ii) wishful presumption that the owner has abandoned the property to the adverse possessor and (iii) that the true owner has not claimed the possession from the opposite side within..........
BOMBAY HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 14, Rule 1, Limitation Act, 1963, Article 64, 65-- Adverse possession - Claim for - Framing of issue - Appellants have not pleaded adverse possession in written statement - Respondents nor admitted title of respondents over suit property - There are no pleadings that true owner had abandoned their rights in favour of respondents by their hostile..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2010
Details
Limitation Act, 1963, Section 27, Article 65, 67-- Recovery of possession - Plea of adverse possession - Limitation - Judgment passed on 22.06.1981 in earlier suit filed by defendants/respondents claiming tenancy - Claim of defendants not accepted though found to be in possession - Findings rendered in earlier suit have attained finality -..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2010
Details
Limitation Act, 1963, Section 27-- Adverse possession - Proof - Evidence of defendant shows that house was constructed about 25 years back - As per evidence of plaintiff, house was constructed about 8-9 years back, but yet he deposed that at the time when house was constructed, he objected to its construction - One witness in..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Adverse possession-- Tenant - A tenant cannot set up title by adverse possession - Principle of 'once a tenant always a tenant' applies. (Limitation Act, 1963, Art.65, Evidence Act, 1872, S.116)...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Limitation Act, 1963, Article 65, 66-- Adverse possession - Plaintiff filed suit seeking declaration of title alleging his possession to be 30 years old, continuous, open and hostile to the true owner - Suit dismissed - Held, plea of adverse possession is only available to defendant in defence against plaintiff - Plaintiff cannot seek..........
KARNATAKA HIGH COURT
Year of decision: 2009
Details
Limitation Act, 1963, Article 65-- Possession - Claim of true owner for possession of immovable property based on title can be defeated only if the person in possession pleads and proves that he had perfected his title by adverse possession...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Adverse possession-- Must be adequate in continuity, in publicity and extent - A plea is required at the least to show when possession became adverse so that the starting point of limitation against the party affected can be found - Long possession is not necessarily adverse possession and the prayer clause is not a..........

Showing : 31-40 of 160 Results