Showing : 1-10 of 135 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Adverse possession-- Perfection of title by adverse possession - A person in possession cannot be ousted by another except by due procedure of law and once 12 years period of adverse possession is over, even owner's right to eject him is lost and the possessory owner acquires right, title and interest possessed by the..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 39-- Suit for mandatory injunction - Against a family member who is in joint possession of property - Maintainability - Property belongs to mother - She permitted both sons to reside in the same house jointly but executed Will in favour of plaintiff only - Once it is established that defendant has no..........
DELHI HIGH COURT
Year of decision: 2018
Details
Co-owner-- Eviction petition - One co-owner can file suit for eviction against a tenant if there is no opposition of the other co-owners/co-landlords - However, when other co-owners oppose termination of tenancy then ratio of the judgments of Supreme Court in the case of Sk.Sattar Sk.Mohd. Choudhari applies..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 6-- Dispossession - Proceedings u/s 6 of the Act are summary in nature and thus, no appeal is provided against decree u/s 6 of the Act - However, limited remedy of revision u/s 115 CPC is provided to unsuccessful party but only by way of exception - Owner or person entitled for recovery of possession..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Transfer of Property Act, 1882, Section 53A-- Agreement to sell - Part performance - Party can defend his possession against true owner on the strength of agreement to sell subject to proving the requirements of S.53-A of the Act, but once his suit for specific performance stood dismissed, protection available u/s 53-A of the Act is no longer..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 38-- Permanent injunction against Gram Panchayat - Revenue record shows Gram Panchayat to be owner of suit property - Even in cultivation column entry is Makbuja Malkana i.e under the possession of owner - Reliance of plaintiff on demarcation report is not sustainable, particularly, when it is not on..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 20-- Decree for specific performance - Leave to appeal filed by subsequent purchaser - Maintainability - Subsequent purchase sold suit property to third party during pendency of proceedings - He is no more owner of suit property and neither in possession of the same - Contention of subsequent purchaser..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Adverse possession-- Plea of adverse possession is only available to defendant if he admits the ownership of true owner over suit property to the knowledge of true owner - If defendant does not admit plaintiff's ownership over suit land, issue of adverse possession, cannot be tried successfully at the instance of..........
ORISSA HIGH COURT
Year of decision: 2017
Details
Adverse possession-- Against State - A person who bases his title on adverse possession must show by clear and unequivocal evidence that his possession was hostile to the real owner and amounted to a denial of his title to the property claimed - Burden lies on him to prove by clear and unequivocal evidence that his..........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 12, Rule 6-- Judgment on admission - Suit for possession, recovery of mesne profit and damages against son and daughter-i, law - Plaintiff exclusive owner of suit property which fact not denied by defendant - Even permissive user of suit premises not disputed by defendant - Except for bald and vague denials,..........

Showing : 1-10 of 135 Results