Limitation Act, 1963, Article 65, 66, 67, Transfer of Property Act, 1882, Section 111, Evidence Act, 1872, Section 62, 64 -- Suit for possession by landlord - Plea of limitation by tenant on basis of notice served by landlord in proceedings before Reference Court - Notice not produced by tenant in suit for possession either in form of primary evidence or secondary evidence..........
Limitation Act, 1963, Article 64, 65 -- Limitation - Plea of adverse possession - Admittedly, appellant is a third purchaser of suit property from deceased and is in possession of property since long through oral sale-deed - Limitation for adverse possession cannot be reckoned from period of oral agreement rather period will be reckoned from the date of alleged..........
Limitation Act, 1963, Article 64, 65 -- Adverse possession - Suit for partition - Suit properties are streedhana properties of deceased - According to custom only daughters succeed to streedhana properties exclusively - But sons of deceased came to be in continuous adverse possession for 50 years - Daughters lost their right to claim possession by adverse possession and by..........
Limitation Act, 1963, Article 64, 65 -- Adverse possession - No evidence led by defendants showing that their possession with animus possidendi began from a particular date - No date or year has been stated by defendants to be point of time from which they started occupying property with requisite animus possidendi to knowledge of plaintiffs - Therefore, defendants cannot..........
Limitation Act, 1963, Article 64, 65 -- Limitation - Suit for declaration - In respect of declaratory suits pertaining to immovable property period of limitation is governed by Arts.64 & 65 and not by Art.58 of Limitation Act...........
Limitation Act, 1963, Article 64, 65 -- Adverse possession - Plea not available to plaintiff - Suit seeking declaration for having become owner of suit property by way of adverse possession itself is not maintainable - Person can only raise such plea by way of defence and not by way of offence by filing suit...........
Limitation Act, 1963, Article 64, 65 -- Adverse possession - Tenant - Has to prove act of ouster - Mere non-payment of rent would not constitute adverse possession...........
Civil Procedure Code, 1908, Order 14, Rule 1, Limitation Act, 1963, Article 64, 65 -- Adverse possession - Claim for - Framing of issue - Appellants have not pleaded adverse possession in written statement - Respondents nor admitted title of respondents over suit property - There are no pleadings that true owner had abandoned their rights in favour of respondents by their..........
Limitation Act, 1963, Article 64, 65 -- Intention to possess cannot be substituted for intention to dispossess which is essential to prove adverse possession...........
Limitation Act, 1963, Article 64, 65 -- Adverse possession - Adverse possession is a right which comes into play not just because someone loses his right to reclaim the property out of continuous and willful neglect but also on account of possessor's positive intent to dispossess - It is important to take into account before stripping somebody of his lawful title, whether..........
