Showing : 51-60 of 182 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Limitation Act, 1963, Article 16, 20, Contract Act, 1872, Section 55-- Aggrement to sell - Suit for specific performance - Decreed - Appeal - Grant of decree for specifric performance objective on the ground of gross delay in filling of suit - Limitation of 3 years from the date fixed for execution of sale deed - suit filed within one year of last date of execution..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Adverse possession-- Plea of - Failure to prove uninterrupted adverse possession against the true owner - Defendant held, not entitled to claim ownership of property by adverse possession. (Limitation Act, 1963, Arts.64, 65)..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Adverse possession-- Plaintiff claiming ownership on the basis of adverse possession - Planitiff to show against whom the possession is adverse - Required to plead and prove who is true owner of the property whose title is being denied by him - Mere long possession does not necessarly mean that it is adverse and..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 22, Rule 3, 9-- Plaintiff expired on 30.12.1988 - Application for impleading legal heirs filed on 5.5.1989 - Application dismissed being time barred by 36 days - Suit dismissed as abated - Application for impleading legal heirs is to be filed within 3 months - Application for setting aside abatement can be filed..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Adverse possession-- Co-owners - In a suit filed by defendants for partition in the year 1968 and a similar suit in the year 1978 plaintiff asserted hostile title claiming ownership in himself - Claim of hostile title by plaintiff was thus known to the defendants - Pendency of a suit does not stop running of..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Adverse possession-- Once plaintiff proves his title, the burden of proof shifts to defendant to prove that he has perfected his title by adverse possession. (Limitation Act, 1963, Arts.64 & 65)...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Adverse possession-- Limitation - Starting point - Starting point of limitation does not commence from the date when the right of ownership arises to the plaintiff but commences from the date the defendants' possession becomes adverse. (Limitation Act, 1963, Arts.64 & 65)...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Adverse possession-- 'Animus Possidendi' - It is one of the ingredients of adverse possession - Unless the person possessing the land has a requisite animus the period for prescription does not commence. (Limitation Act, 1963, Arts.64 & 65)...........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Tort-- Continuous breach - Limitation - A suit for damages stands on a different footing vis-'-vis a continuous wrong in respect of enjoyment of one's right in a property - When right of way is claimed, whether public or private, over a land over which the Tort feaser has no right of possession, the..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Adverse possession-- Co-sharer - Simply long possession is not a factor to oust a co-sharer but something more positive is required to be done - There must be a hostile open possession, denial and repudiation of the rights of other co-owners and this denial or repudiation must brought home to the co-owners...........

Showing : 51-60 of 182 Results