Showing : 61-70 of 71 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 1999
Details
Punjab Land Revenue Act, Section 117-- Mere pendency of proceedings in Civil Court - Should not be made the basis of stopping partition proceedings - Suit for permanent injunction for possession - Civil Court merely arbitrating on a point regarding possession and not ownership rights - No question of title involved - Civil suit no bar..........
ORISSA HIGH COURT
Year of decision: 1999
Details
Evidence Act, 1872, Section 101, 102-- Suit for declaration of title and recovery of possession - Defendant claiming title on the basis of adverse possession - Onus wrongly placed on plaintiff to prove his possession - Onus is on defendant to prove adverse possession for more than 12 years so as to give him title - No discussion made..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1998
Details
Suit for possession-- Where a person enters into possession under a void transfer, a suit for possession on the basis of title against the transferee will not be barred - It is Article 65 of the Limitation Act which applies. (Limitation Act, 1963, Art.65)..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1998
Details
Specific Relief Act, 1963, Section 6, Limitation Act, 1963, Article 64-- Suit for possession on the basis of title and also prior possession - In order to defeat claim of plaintiff on the basis of prior possession - Defendant bound to prove right and title to property - Failure of defendant to prove any right or title to property - Defendant cannot legally interfere..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1998
Details
Specific Relief Act, 1963, Section 6-- No provision in Code of Civil Procedure providing that possession can be recovered only by a person who has a title to the property - Possession by itself a substantive right recognised by law and has legal incidents attached to it apart from ownership - Section 6 provides summary remedy to person..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1998
Details
Specific Relief Act, 1963, Section 6-- Suit u/s 6 can be maintained against true owner on the basis of possession with a condition that the possession of plaintiff was disturbed within a period of six months - Order u/s 6 is not appealable and is not to operate as a bar for another suit on the basis of title - In order to defeat the..........
SUPREME COURT OF INDIA
Year of decision: 1997
Details
Limitation Act, 1963, Article 65-- Suit based on title for possession - Once title established on the basis of relevant documents and other evidence - Unless defendant proves adverse possession for prescriptive period - Plaintiff cannot be no, suited - Under Article 142 of Old Limitation Act, 1908, plaintiff had to prove not only..........
ORISSA HIGH COURT
Year of decision: 1997
Details
Limitation Act, 1963, Article 65-- Once plaintiffs title is established he is not required to prove that he was in possession within 12 years of the suit - Until the defendant establishes loss of plaintiff's title on account of the defendant bring in adverse possession for more than the statutory period, the plaintiff is entitled..........
ALLAHABAD HIGH COURT
Year of decision: 1993
Details
Suit for possession-- Suit for possession or injunction - Plaintiff has to stand on his own legs and has to establish his own rights and title - Plaintiff cannot claim himself to be entitled to get the decree on the basis of failure of defendant to prove his right or title...........
BOMBAY HIGH COURT
Year of decision: 1989
Details
Limitation Act, 1963, Article 65-- Adverse possession - Limitation prescribed for such suit is 12 years - Tenant in addition to tenanted premises annexing one room in his occupation by trespass-Unless claims specifically in the written statement that he has perfected his title over that room by adverse possession cannot resist such..........

Showing : 61-70 of 71 Results