Showing : 31-40 of 55 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Possession-- Plea of adverse possession negated in the previous suit - Possession of defendants held to be that of a co-sharer - Question as to whether present suit for possession on basis of title is to be filed within 12 years of asserting adverse possession in the previous suit - Held, No - Mere assertion..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Adverse possession-- Suit for declaration claiming title on the basis of adverse possession - Plea of adverse possession can be raised only in defence and is not a plea of attack. Bhim Singh's case, 2006(1) PLJ 420 relied...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Adverse possession-- A plea of adverse possession arises where a person alleges long established, hostile, open and uninterrupted possession, to the knowledge of the true owner - The possession must be with intent, express or implied to hold the property in denial of the legal rights of the true owner - A successful..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Adverse possession-- One who holds possession on behalf of another or with another's consent or under title or assumed title, derived from another, cannot assert rights adverse to the title of the true owner - A plea of adverse possession is, in essence, a plea of ouster of title of the true owner and the vesting..........
GUJARAT HIGH COURT
Year of decision: 2006
Details
Transfer of Property Act, 1882, Section 53A-- Plea of adverse possession and part performance are mutually destructive - One cannot be allowed to say that on one side, he admits the title of plaintiff for the purposes of S.53-A TPA and at the same time, asserts title in his own self...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Adverse Possession-- Meaning - A hostile assertion which expressly and impliedly is in denial of title of the true owner - Plea of Adverse Possession and ownership are inconsistant, irreconcilable and mutually destructive with one another - Person tracing his possession to a lawful title can never become an owner by..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Specific Relief Act, 1963, Section 34-- Adverse possession - Suit for declaration that possession over suit land has been perfected into ownership by way of adverse possession - Plea rejected on the grounds (i) Gram Panchayat local authority within the meaning of Article 12 of the Constitution and plaintiff has not perfected title for..........
MADHYA PRADESH HIGH COURT
Year of decision: 2006
Details
Adverse possession-- Plea of title and adverse possession are mutually inconsistent and the latter does not begin to operate until the former is renounced...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - Restraining alienation - Plea of plaintiff that he has perfected his title by way of adverse possession - Held, defendant being the true owner cannot be restrained from alienating the suit property - Any sale effected during the pendency of suit shall be hit by doctrine of..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Written statement - Amendment - Title claimed on basis of sale deed - Amendment sought to raise plea of ownership by adverse possession as well - Only additional plea sought to be taken - Amendment allowed - Plaintiff given right to file replication to the amended written statement - Court to..........

Showing : 31-40 of 55 Results