Limitation Act, 1963, Article 65 -- No period of limitation prescribed for suit for possession on basis of title...........
Civil Procedure Code, 1908, Order 6, Rule 1,2 -- Pleadings - Suit for possession - Details to be included - These are only Illustrative and not exhaustive : (a) who is or are the owner or owners of the property; (b) title of the property; (c) who is in possession of the title documents; (d) identity of the claimant or claimants to possession; (e) the date of entry into..........
Civil Procedure Code, 1908, Order 39, Rule 1,2 -- Ad interim injunction - From disturbing possession and creating third party rights - Defendant claiming possession on the basis of sale deed executed by plaintiff through her power of attorney - Plaintiff denying ever executing power of attorney - Non production of power of attorney by defendant is fatal to her case -..........
Specific Relief Act, 1963, Section 38 -- Suit for injunction - Restraining defendants from obstructing peaceful possession of suit property - Entry in register of Panchayat that defendant purchased suit property from its owner whose name was entered as owner in the register - Defendant acquired title on the basis of sale deed - Principle that possession follows title,..........
Specific Relief Act, 1963, Section 38, 34, Civil Procedure Code, 1908, Order 14, Rule 1 -- Suit for permanent injunction - Issue regarding title not framed - On the basis of pleadings of defendant in his written statement issue was framed that as to whether plaintiff is owner in possession of suit land - No challenge was made to the validity of sale deed in favour of..........
Suit for possession -- Plaintiff claiming on basis of title - Plea of adverse possession by defendants - Defendants established that they are in possession of property on payment of teh bazaar since year 1965 onwards - Therefore, defendant/Municipal Committee has been managing property and realizing teh Bazaari from occupiers from last more than 12 years - Failure of..........
Possession -- There is no limitation period for filing suit for possession on the basis of title...........
Possession -- Suit for possession on basis of title - Suit property transferred on the basis of power of attorney which was never executed by plaintiff - Held, plaintiff is not required to seek declaration regarding power of attorney and sale deed being null and void because plaintiff is not a party to the said documents and therefore the said documents are non existent..........
Adverse Possession -- Pleading and proof - Defendants admitted that they came in possession of suit property on permission of owner - However, defendants pleaded that they have acquired title by adverse possession also - Held, since their entry in suit land was on the basis of permission, defendants were required to plead and prove as to when they started denying title of..........
Adverse possession -- Plaintiff filed simple suit for permanent injunction against State of Punjab - Declaration of title on the basis of adverse possession not sought - Held, in the absence of crucial pleadings regarding adverse possession and in the absence of evidence to substantiate the same, it cannot be said that the plaintiff has perfected his title by way of..........
