Civil Procedure Code, 1908, Section 11 -- Explain. 4, Limitation Act, 1963, Art.64, Specific Relief Act, 1963, S.6 - Res Judicata - Title suit - Decreed - Interest and right decided - Appeal against decree stood dismissed - No further appeal preferred and decree so granted attained finality - Subsequent suit for mere possession based on title by plaintiff squarely covered..........
Limitation Act, 1963, Article 65 -- Suit for possession on the basis of title under encroachment by defendant - No specific pleading by defendant as to on what date he came into possession and what was the nature of his possession - No clear assertion of hostile title by defendant - Plea that suit is barred by limitation, rejected...........
Contract Act, 1872, Section 73, Limitation Act, 1963, Article 55 -- FCI invited tenders for hiring plinths for a period of three years - Plaintiff constructed plinths in accordance with instructions and specifications of FCI - FCI vacating plinths within one year of taking possession - Defendant is liable for damages - Suit filed within three years of vacating the premises..........
Limitation Act, 1963, Article 56 -- Adverse entry in revenue record - Suit for correction - Limitation - Plaintiff if is in possession then cause of action arises not when wrong entries were made but on the day when there is a fresh denial of the plaintiff's rights...........
Limitation Act, 1963, Article 65 -- Suit governed by Art.65 - In order to succeed plaintiff has to prove his title - It is not necessary for him to prove that he was in possession within 12 years preceding the filing of suit - On the contrary, it is for the defendant so to prove if he wants to defeat the plaintiff's claim to establish title by adverse possession...........
Adverse possession -- Long possession of more than 12 years without intention to possess the suit land adversely to the title of the plaintiff cannot result in acquisition of title by adverse possession. (Limitation Act, 1963, Art.65)...........
Adverse possession -- Mere long possession of defendant for a period of more than 12 years without intention to possess suit land adversely to title of plaintiff and to latter's knowledge - Cannot result in acquisition of title by defendant to encroached suit land - Animus to hold land adversely to title of true owner - Can be said to have started only when defendant..........
Transfer of Property Act, 1882, Section 60, Limitation Act, 1963, Article 61 -- Mortgage - Redemption - Mortgage deed providing for redemption at any time after expiry of five years from date of execution of mortgage but providing for delivery of possession only after Caitrapadya day obviously to enable the mortgagees to harvest the crop and to deliver possession - Such..........
Limitation Act, 1963, Article 1,25,62,63,64,65 -- Limitation - Recovery suit by bank - Pledge of FDR - Loan given on 4.1.1984 - Last entry of Rs. 300/ - made before 31.3.1987 - Accordingly the limitation start from 1.4.1987 - Trial court computing the period of limitation as 12 years by relying on principles concerning recovery of possession of mortgage of immovable..........
Limitation Act, 1963, Section 65 -- Limitation - Suit for possession - Article 65 of the Act lays down that suit for possession can be filed on the basis of title - It is for the defendants to show that they have perfected his title by adverse possession for more than 12 years - As a co-sharer, the defendants cannot held to be in adverse possession - Plea that suit was..........