Adverse possession -- Plea of adverse possession is available not only as a defence when title is questioned, but is also available as a claim to a person who has perfected his title...........
Civil Procedure Code, 1908, Order 15A -- Striking off defence - Non-payment of arrears of rent - Suit property has been purchased by deceased husband of plaintiff - Said fact is not denied by defendant - Plaintiff produced Will on record showing her husband leaves his residual properties in her favour - Defendant is admittedly attesting witness to said Will - Execution of..........
Adverse possession -- Defence of adverse possession - However, apart from being contradictory to specific stand taken by defendant that he was owner of suit property, there is no such plea taken in written statement - Plea of adverse possession rejected...........
Adverse possession -- Suit for recovery of possession - Plea of adverse possession not taken by defendant in suit - Where defendant was owner of only a portion of suit property but had admittedly been in possession of entire suit property and defendant has in written statement claimed to be in continuous possession or years as owner, defence of defendant in his written..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Plea of adverse possession can only be set up as a defence in an action brought against defendant by plaintiff - Pleas are in factual matrix - Possession of respondents for twelve years due to failure of petitioner to file execution petition in itself does not amount to adverse..........
Adverse possession -- Claim based on adverse possession cannot be raised by plaintiff - It is merely a defence which can be used as a shield by defendant - Suit filed by plaintiff on the basis of adverse possession is not maintainable...........
Adverse possession -- Suit for declaration of ownership on the basis of adverse possession - Plaintiff cannot seek such a declaration - Adverse possession can be pleaded in defence by a defendant. (Specific Relief Act, 1963, S.34)...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim as to adverse possession - Rejection of - Partition suit - Defendant not preferred an appeal challenging rejection of his counter claim - Finding of Court as to counter claim thus, attained finality - Rejection of counter claim has least effect on specific defence taken by defendant as to allocation of suit in..........
Adverse possession -- Cannot be set up by plaintiff to claim ownership - Such plea can be raised by defendant by way of defence in his written statement in answer to the plaintiff's claim...........
Adverse possession -- Suit for declaration on basis of adverse possession - Not maintainable, as plea of adverse possession is considered to be a defence...........
