Adverse possession -- Every possession is not adverse possession - Defendants will not acquire adverse possession by simply remaining in permissive possession for howsoever long it may be...........
Adverse possession -- Permissive possession would never be adverse to real owner...........
Adverse possession -- Long and permissive possession will never turn into an adverse possession...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Plaintiff claimed that suit property was orally gifted to him by owner and again claimed the same through adverse possession - Plaint case ex facie is mutually contradictory - Plaintiff admits that one `O' to be true owner of title holder of suit property, as suit property gifted to plaintiff by him..........
Adverse possession -- A purchaser who got into possession under an executory contract of sale would be on only permissive in character, he cannot contend that his possession was adverse and it will remain as a permissive possession in contradiction to a possession in the case of sale...........
Adverse possession -- Permissive possession cannot be basis for a claim of adverse possession...........
Adverse possession -- Tenants or lessees cannot claim adverse possession against their landlord/lessor, as the nature of their possession is permissive in nature...........
Adverse possession -- DW1 himself stated that original defendants applied for getting occupancy right over suit property by filing an application and also filed application before Tehsildar that they have taken land on lease from plaintiff under his ownership - Though said application was rejected, however, said evidence on record show that possession of defendant over..........
Adverse possession -- Possession of proposed vendee under agreement to sell is always permissive possession under the vendor and he cannot plead adverse possession till he pleads and proves that he gave up the permissive possession and re-entered into possession which was open and hostile to the knowledge of the true owner...........
Adverse possession -- Plaintiff claiming his adverse possession since 1960 - Defendant produced Khasra Girdawaries from 1963-64 to prove possession of father of plaintiff in revenue record as tenant - Copies of khasra girdawaries may not carry the presumption of correctness, however they still form a part of official record - PW3 who is plaintiffs witness admitted in cross..........
