Limitation Act, 1963, Article 65 -- Limitation - Suit for possession - Plea of adverse possession - Limitation for filing suit for possession on the basis of title is 12 years when possession of defendant becomes adverse - However, if defendant fails to prove plea of adverse possession, suit for possession filed on the basis of title is not barred by limitation...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration of title - Petitioner is neither a necessary party nor proper party to suit - He cannot be impleaded - Application rightly rejected...........
Suit for possession -- Suit for possession and mesne profits - Will - Title documents coupled with father's Will in favour of plaintiff prove that he had undisputed title and ownership of suit property - Even without proof of Will, title of plaintiff was proved by Patta and construction evidences - Only permissive possession was given to defendant - Moreover, defendant..........
Land Acquisition Act, 1894, Section 4, 6 -- Acquisition of land - Plea of adverse possession - Plaintiff failed to prove his title by adverse possession, as she herself admitted that officials of BDA had come to suit property and demolished the existing structure - Act of BDA would amply demonstrate that there was no unhindered, peaceful and continuous possession of suit..........
Limitation Act, 1963, Section 27 -- Extinguishment of right - Suit for possession - Plea of adverse possession - Possession of defendant found to be not in any way adverse to true owner - Non-filing of suit within period of 12 years thus, cannot lead to extinguishment of right, title and interest of true owner by operation of provision of S.27 of the Act...........
Adverse possession -- Mere possession of immovable property by a person for any length of time never give rise to a case of acquisition of title by adverse possession - It has to be open, peaceful, continuous possession and intention of possessor in possessing the land remains the most important factor for consideration...........
Suit for possession -- Plea of adverse possession - Concurrent findings of Courts below against defendant in negating his claim of acquisition of title by adverse possession cannot be found fault with, as it has not been established by clear, cogent and acceptable evidence - Nature of possession of defendant over suit property found permissive from beginning - Suit rightly..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Eviction suit - During pendency of appeal against eviction order application is filed for impleadment of respondent no. 5 (representing Government) on ground that suit land belongs to Government - If Government has any interest in suit property, it might have filed application during pendency of suit..........
Adverse possession -- Amongst co-sharers - Plaintiff in possession - No legal and acceptable evidence that their possession was hostile and had ripened into title - Possession was on behalf of each and every co-sharer - Held, plaintiff cannot seek declaration to the effect that he has become owner of suit land by way of adverse possession...........
Practice and procedure -- Title of a landlord is not to be determined in a SCC suit (Small Causes) and in cases where title itself is disputed, same has to be decided in a regular suit and not in a SCC suit...........
