Specific Relief Act, 1963, Section 6 -- Claim for Possession of property - Onus is on plaintiff to prove that defendant had encroached upon any portion of suit land - No specific plea that defendant had encroached upon disputed land - Defendant admits his adverse possession over land other than suit land - Plea of plaintiff that alternate plea of adverse possession raised..........
Limitation Act, 1963, Article 65, Specific Relief Act, 1963, Section 6, 31 -- Relief of possession - By way of registered sale deed, the property in which plaintiff was co-owner had been sold to defendant by brother of plaintiff by impersonation - Document has been held to be void and no-est in eye in law - Plaintiff was seeking its cancellation but the relief of..........
Specific Relief Act, 1963, Section 6 -- Dispossession - Sub tenant came into possession of suit premises with consent of tenant - Remedy u/s 6 of Act is not available to landlord...........
Specific Relief Act, 1963, Section 6 -- Dispossession - Implies an overt act which is directly suffered by person in actual possession and only indirectly or consequentially suffered by any person in possession of property through another...........
Specific Relief Act, 1963, Section 6 -- For applicability of the provision of S.6 of the Act, it is not necessary that the person who is dispossessed of property, should be its legal owner...........
Specific Relief Act, 1963, Section 6 -- Suit for possession - Co-sharer - A co-owner in possession, dispossessed illegally and forcibly by another co-owner - Suit for possession u/s 6 of the Act is maintainable...........
Specific Relief Act, 1963, Section 6 -- Dispossession - There is summary remedy provided for a person who is dispossessed of immovable property otherwise than in due course of law within six months of filing of suit in which venture, he is not required to prove his title - It is question of possession and not question of title which is relevant u/s 6 of the Act...........
Specific Relief Act, 1963, Section 6 -- Dispossession - Petitioner alleges to be in possession of suit property as a tenant and was forcibly dispossessed by Respondent Nos.1 & 2 - However, there is neither any rent note in favour of petitioner nor any receipt showing payment of rent by him to his alleged landlord - Plaintiff failed to prove that he was in possession and..........
Specific Relief Act, 1963, Section 6 -- Remedy u/s 6 of the Act - Available to a trespasser against true owner, licensee against licenser and tenant against landlord, in case of dispossession without consent of the former otherwise than in due course of law, by the latter...........
Specific Relief Act, 1963, Section 6 -- Recovery of possession of immovable property by one co-owner against another co-owner - Remedy u/s 6 of the Act is available to one co-owner or co-owners against another co-owner or co-owners, in case of forcible dispossession by the latter without consent of the former, otherwise than in due course of law - Actual possession over..........
