Showing : 41-50 of 208 Results

ANDHRA PRADESH HIGH COURT
Year of decision: 2009
Details
Agreement to sell-- Specific performance - Limitation - Suit filed after 12 years of date of agreement to sell - Refusal to execute sale deed occurred during life time of vendor - It was not as if vendee was not aware of whereabouts of vendor and his legal representatives or that he was finding it difficult to..........
BOMBAY HIGH COURT
Year of decision: 2009
Details
Transfer of Property Act, 1882, Section 60, Limitation Act, 1963, Section 30, Article 61-- Mortgage - Redemption of - Limitation for filing suit - Held, u/s 30 of the Limitation Act, 1963, it is provided that any suit, for which period of limitation is shorter than period prescribed by the Act of 1908, may be instituted within a period of 7 years next after commencement of the Act of..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Adverse possession-- A person claiming adverse possession should show : (a) on what date he came into possession; (b) what was the nature of his possession; (c) whether the factum of possession was known to the other party; (d) how long his possession has continued, and (e) his possession was open and undisturbed - A..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Adverse possession-- Absence of pleading and issues - Trial Court decreed the suit on ground of adverse possession - First Appellate Court set aside the judgment being erroneous and unsustainable and upheld by High Court - Findings of first appellate Court and High Court upheld. (Limitation Act, 1963, Art.65)...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Adverse possession-- Must be adequate in continuity, in publicity and in extent to show that it is possession adverse to the competitor. (Limitation Act, 1963, Art.65)...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Adverse possession-- Co-heir - Possession of one co-heir is presumed to be on the basis of joint title - The co-heir in possession cannot render his possession adverse to the other co-heir not in possession, merely by any secret hostile animums on his own part in derogation of the other co-heir's title - As between..........
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..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Adverse possession-- For the purpose of proving adverse possession/ouster the defendant must also prove animus possidendi. (Limitation Act, 1963, Art.65)...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Adverse possession-- Crucial facts to constitute adverse possession must be pleaded. (Limitation Act, 1963, Art.65)...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Adverse possession-- Law as to - Needs a change as law of adverse possession deprives the ownership of a person merely for inaction within limitation - The law at present is extremely harsh for the true owner and a windfall for a dishonest person who had illegally taken possession of the property of the true owner -..........

Showing : 41-50 of 208 Results