Limitation Act, 1963, Article 58 -- Suit for declaration of ownership and adverse entries in revenue record not factually correct which deserve to be rectified on the ground that defendants threatening to dispossess in view of mutation - Right to sue - Accrued when defendant actually threatened to take forcible possession - Not when mutation sanctioned in favour of..........
Adverse possession -- Entries in revenue record of "bila lagan tasawar malkiat khud" - Sufficient proclamation to owner that person in possession of land as owner - Sohawa Singh's case, A. I. R. 1932 Lahore 586 Distinguished...........
Adverse possession -- Mere no, participation in rent and profits of land by a co-sharer - Does not amount to ouster so as to give title by adverse possession to other co-sharers - Co-sharers in possession become constructive trustees on behalf of co-sharer not in possession and right of such co-sharer deemed to be protected by the trustees...........
Evidence Act, 1872, Section 116 -- Continuance of tenancy - Tenant cannot deny title of landlord at the beginning of tenancy - Cannot acquire ownership by adverse possession merely because of entries in record of rights...........
Adverse Possession -- Mere non-payment of rent - Not sufficient to v arrant a finding that possession became adverse - Entries in revenue record of possession of land without payment of any rent - Does not prove adverse possession...........
Adverse possession -- Land owned by 4 joint owners - Sale of whole of land by 3 joint owners - Vendee put in possession of whole land - Sale invalid to the extent of 1/4th share of land - Possession of vendee in respect of 1/4th share became adverse the moment vendee came to possess the land as owner despite sale in respect of that share being invalid - Principle that..........
Limitation Act, 1963, Article 65 -- Suit for possession resisted on the ground of adverse possession - For defendant to prove by reliable and cogent evidence continuous possession of suit land for more than 12 years uninterruptedly and claim of hostile title during that period against plaintiff - Simply because plaintiff admitted possession of defendant over suit land -..........
Transfer of Property Act, 1882, Section 60 -- Land mortgaged by H - Subsequently redeemed by B one of the sons of deceased mortgagor-H - Later suit for possession by redemption against B by T one of the grandsons of deceased mortgagor-H - Entitled to get his own share redeemed - Cannot redeem whole land - No question of adverse possession of B as he was holding land as a..........
Adverse possession -- Onus - Person who claims adverse possession - Must show that from date of notice of his adverse possession to rightful claimant he has been in continuous possession for a period of 12 years - Suit filed in 1968 for possession of part of Shamilat Deh claiming to be co-sharer as shown in Jamabandi 1943-44 as also 1956-57 - Defendant shown to be in..........
Punjab Land Revenue Act, 1887, Section 45 -- Pre-requisite - Person must be in possession of land - Suit for declaration by person not in possession of suit property - Not maintainable u/S.45 - Suit for declaration by person in possession of suit property though entry in revenue records adverse to his interest - May be filed at any time when rights being threatened to be..........
