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Results of property owner by possession of

Showing : 71-80 of 429 Results

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Mohammedan Law -- Inheritance - Joint possession - Suit for declaration - Plaintiff being daughter of deceased entitled to equal share as compared to her brothers, as per Hanafi Succession - No evidence produced by defendants brothers of plaintiff, that they are in possession of property in a clear ouster of plaintiff by denying her title - Plaintiff not required to seek..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Suits Valuation Act, 1887 -- Property is under ownership of Gurdwara as it has been proved through registered Gift Deed - Defendants being illegal occupant of land which belong to Gurdwara Sahib cannot be permitted to raise issue/objection regarding locus standi - Once Gurdwara Sahib has been held to be owner, consequently relief of possession and restraint order is..........

UTTARAKHAND HIGH COURT

Year of decision: 2016
Details

Adverse Possession -- Suit for eviction and recovery of possession - Defendant claiming to be in possession of suit property since 1948 - However, said fact is belied as considering age of defendant he was just 11 years old in 1948 - It is thus not possible for a boy age of 11 years to establish his adverse possession - Moreover, wife of defendant herself admitted that..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2016
Details

Specific Relief Act, 1963, Section 34, 37 -- Suit for declaratory and injunction - Right claimed as no, occupancy tenant on rent basis - Plaintiff was unable to prove his plea that owner of suit property executed gift deed of 4 biswas and not 4 bighas in favour of education department and his possession over suit property is as no, occupancy tenant - On the contrary,..........

ORISSA HIGH COURT

Year of decision: 2016
Details

Adverse possession -- Plaintiff not aware as to who is true owner of property - There remains no scope of denying the title of true owner nor exhibition of any hostile animus to the knowledge of the true owner comes - This itself goes to negate the claim of plaintiff as regards his acquisition of title over suit land by adverse possession...........

KARNATAKA HIGH COURT

Year of decision: 2016
Details

Forest (Conservation) Act, 1980, Section 2, Easement Act, 1882, Section 13 -- Forest land - Claim for easementary right of way - Suit for declaration of title and permanent injunction - Oral and documentary evidence on record proves that plaintiff has violated the provisions of S.2 of the Act and has used the forest land as a easmentary right of way in utter violation of..........

UTTARAKHAND HIGH COURT

Year of decision: 2016
Details

Adverse possession -- Cannot be accepted against true owner, if person claiming such possession over property, is without knowledge or indirect permission of true owner...........

DELHI HIGH COURT

Year of decision: 2016
Details

Possession -- Suit for recovery of possession - Mesne profits and damages for use and occupation - Plaintiff proved to be exclusive owner of property - Defendant admittedly in possession of property as licence at the time of filing of suit and thereafter for several years - Though defendant left the property but did not deliver back the possession to plaintiff - Such..........

UTTARAKHAND HIGH COURT

Year of decision: 2016
Details

Specific Relief Act, 1963, Section 37, 38 -- Perpetual injunction - Plaintiff owned the suit property as disciple of deceased/mahant by way of Will - Defendant himself admitted that whole property was under ownership/mahantship of deceased, thus there remains no room for any doubt that deceased had authority to execute Will in favour of plaintiff - Even execution of Will..........

ALLAHABAD HIGH COURT

Year of decision: 2016
Details

Specific Relief Act, 1963, Section 39, 41(h) -- Mandatory Injunction - Suit not barred by provision of S.41(h) of the Act, as plaintiff held to be owner of suit property and is residing in the same accommodation, thus, cause of action has arisen to plaintiff for filing suit for mandatory injunction - Plaintiff cannot be compelled to file a suit for possession, as held by..........

Showing : 71-80 of 429 Results