Showing : 21-30 of 74 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Adverse possession-- Suit for declaration of title on the basis of adverse possession - Suit is not maintainable - Plea of adverse possession cannot be made as weapon of offence, rather said plea is available to party in defence - Moreover, once plea of adverse possession has been set up by plaintiffs, it pre-supposes..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Suit for declaration claiming title by succession - Amendment sought to incorporate plea of adverse possession - Amendment sought changes the very nature of suit by claiming title on the basis of adverse possession and abandoning earlier plea of title by succession - Order..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2015
Details
Himachal Pradesh Land Revenue Act, 1953, Section 134- - Partition - Delivery of possession - A person can apply for delivery of possession within three years from the date of preparation of instrument of partition - If possession is not delivered within three years by revenue Court qua partition land then aggrieved person can file a suit for..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2015
Details
Possession -- Suit for possession on the basis of title - Suit land allotted to plaintiff in partition proceedings which attained the stage of finality - Title accrued in favour of plaintiff qua suit land after partition proceedings and the same u, rebutted on record - Defendant did not plead adverse possession..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Adverse possession -- Suit by plaintiff for declaration of title on the basis of adverse possession is not maintainable - Plea of adverse possession is available only to defendant by virtue of Art.65 of Limitation Act...........
BOMBAY HIGH COURT
Year of decision: 2014
Details
Specific Relief Act, 1963, Section 34-- Declaration of ownership - Whenever any person is found to be in settled possession of any immovable property continuously and without any obstruction for a long period of time, presumption of ownership would follow possession - Court committed error by disallowing declaration only on the basis..........
BOMBAY HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 20, Rule 12-- Suit for possession on the basis of title - Defendant in permissive possession of part of house - Plaintiff on proof of title as owner is entitled to possession - Held, in absence of any counter-claim, defendant has no legal right to refuse to hand over possession to plaintiff...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Rent and Eviction -- Eviction - Validity - Property does not have Khasra number - Difficulty in assessing actual identity of the property - Held, proper adjudication in summary proceeding under Rent Control Act is not possible - Best course shall be to consign landlord, whoever is owner to file suit for recovery of..........
GUJARAT HIGH COURT
Year of decision: 2013
Details
Transfer of Property Act, 1882, Section 59-- Suit for redemption of mortgage and suit for possession - In some respects both the suits are similar - However, there are vital differences also - In a suit for redemption, on proof of valid mortgage, redemption could be granted, whereas in title suit, plaintiff is required to establish his title..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
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;..........

Showing : 21-30 of 74 Results