Showing : 51-60 of 74 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 1999
Details
Specific Relief Act, 1963, Section 34, 37, 38-- Suit for declaration regarding owner in possession and permanent injunction - Sale deed not registered - Plaintiff got possession under oral sale which is not proved legally - Their possession was permissive and established on the date of institution of suit - First Appellate Court dismissed the..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1999
Details
Specific Relief Act, 1963, Section 38-- Suit for injunction - It is not proved on record that defendant was in adverse possession - His possession was permissive either in status of a tenant or in status of heir of a tenant - It is not established on record that plaintiffs were in possession of property on date of institution of suit -..........
ORISSA HIGH COURT
Year of decision: 1999
Details
Adverse possession-- In absence of any evidence with regard to hostile possession, the continuity in possession for a long time could not be adverse but could be permissive possession...........
ANDHRA PRADESH HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Written statement - Amendment - Permissive possession admitted in written statement - Amendment sought to take the plea that their possession is adverse to the plaintiff - The said plea is not a subsequent development - Defendant is precluded from taking a totally inconsistent plea - Both the..........
SUPREME COURT OF INDIA
Year of decision: 1999
Details
Mohammadan Law/Mohammedan Law-- Inheritance - Death of plaintiff's brother during life time of his father - Defendants sons of deceased brother of plaintiff - Defendants were brought into house in dispute by plaintiff's mother - Plaintiffs became owner of property - Permissive occupation of defendants could not in law convert..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1998
Details
Transfer of Property Act, 1882, Section 105-- `Lease' and `Licence' - Distinction - The ingredients which would help in clearly understanding the distinction, are intention of parties, attendant circumstances at the time of execution of such documents, nature of possession being exclusive or permissive and the relationship created from these..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1998
Details
Transfer of Property Act, 1882, Section 105-- Distinction between licence and lease - Ingredients : (i) intention of parties, (ii) attending circumstances at the time of execution of document, (iii) nature of possession being exclusive or permissive, and (iv) relationship created by document - Lease is a relationship of lessor and lessee..........
ANDHRA PRADESH HIGH COURT
Year of decision: 1997
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Suit for permanent injunction - Subsequent to filing of suit one of the defendant who was inducted into possession as a licencee asserting occupation of site in his own right - Subsequent development necessitated amendment of plait seeking a new prayer for possession - No..........
ANDHRA PRADESH HIGH COURT
Year of decision: 1997
Details
Transfer of Property Act, 1882, Section 51-- Suit for possession - Plaintiff established title - Plaintiff is entitled to decree for possession - First defendant a top Senior Police Officer got a sale deed and possession of property from second defendant knowing fully that second defendant was in permissive possession from plaintiffs and..........
ANDHRA PRADESH HIGH COURT
Year of decision: 1997
Details
Evidence Act, 1872, Section 101-- 102 - Adverse possession - When the initial possession is under a licence or is permissive, the burden lies on the person claiming adverse possession to establish by cogent evidence that the possession became adverse. (Limitation Act, 1963, S.65)...........

Showing : 51-60 of 74 Results