Showing : 81-90 of 110 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 1999
Details
Specific Relief Act, 1963, Section 5-- Trespasser - Adverse possession - A true owner with his subsisting title is always entitled to maintain suit for recovery of possession against a trespasser - If owner's title is reflected in the column of ownership, person in unauthorised possession has no right to claim absolute ownership on the..........
ALLAHABAD HIGH COURT
Year of decision: 1999
Details
Transfer of Property Act, 1882, Section 106-- Tenancy - Termination by notice - Petitioner after determination of tenancy was not a trespasser - His status is that of a statutory tenant...........
ANDHRA PRADESH HIGH COURT
Year of decision: 1999
Details
Adverse possession-- Possession per se is not sufficient to prescribe title by extinguishment of the title of the real owner - The possession must be adequate, in continuity, in publicity, and in extent to show that it is possession adverse to the competitor - Mere possession of even a trespasser will not constitute..........
KARNATAKA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Trespasser - Once possession of trespasser is settled, then it cannot be disturbed and he cannot be thrown out except in accordance with process established by law...........
SUPREME COURT OF INDIA
Year of decision: 1998
Details
Transfer of Property Act, 1882, Section 111(a), 108(q), 116-- Tenant at sufferance and tenant holding over - Lease for a period of 21 years - Expiry of lease period - No evidence that he was a tenant holding over - Status of tenant has to be treated as a tenant at sufferance akin to a trespasser having no independent right to continue in possession...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1998
Details
Adverse possession -- Plaintiff inducted as lessee of land by participating in public auction - A lessee would continue to be lessee unless contrary is shown by positive documentary and oral evidence - No kind of evidence except the fact that possession continued to be shown as that of plaintiff - No entry in revenue..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Injunction in favour of a trespasser or a person who gained unlawful possession - Cannot be granted as against true owner...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 39, Rule 1-- Trespasser - Defendant in possession immediately before filing of the suit - No legal documents or valid reason shown as to on what basis the plaintiff took over the possession - Interim injunction refused by trial Court - Held, Courts do not protect the possession of a trespasser against true..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- No injunction can be granted against true owner - Applies only to a trespasser - Not applicable in case of tenant - Tenant can only be evicted after following procedure prescribed by statute...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1997
Details
Civil Procedure Code, 1908, Section 9-- Trespasser - To dispossess a trespasser remedy is by way of civil suit...........

Showing : 81-90 of 110 Results