Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Plaintiff claiming title on the basis of sale deed in his favour - Title of plaintiff by virtue of registered sale deed not denied by its vendors who are also party to suit - Defendant being tenant, cannot deny title of plaintiff - Tenant cannot enter into shoes of vendor and contest the matter on the..........
Rent and eviction -- Adverse possession - Once relationship of landlord and tenant is admitted, then tenant is stopped from claiming adverse possession - Moreover, failure of tenant to vacate property despite notice to quit, will not give him right to claim adverse possession - There was no obligation of trial Court to delve into issue of limitation of its own...........
Adverse possession -- Relationship of landlord and tenant - Tenant stopped making payment of rent - Mere non payment of rent will not mean that relationship of landlord and tenant cease to exist - Tenant cannot claim that because of non payment of rent, his possession over the tenanted premises is open and hostile to owner - Tenant cannot claim title over the tenanted..........
Adverse possession -- Defendant already filed a suit for recovery against the plaintiff - Once the plaintiff claims himself to be a tenant, he cannot substantiate his claim for adverse possession...........
Adverse possession -- Tenant - Can claim title by adverse possession - It can operate as an ouster if he abandons the idea of holding as a tenant and sets up and asserts an exclusive right in himself - He must either give notice of his claim or his possession should be accompanied by some overt act asserting as ownership of such an open, notorious and hostile character as..........
Adverse possession -- Tenant if occupies land adjacent to the lease property, he cannot claim adverse possession thereto because he entered the property as a tenant. (Limitation Act, 1963, Art.65)...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Bona fides of claim - Plaintiff having taken the stand of ownership by adverse possession seeking amendment claiming to be tenant - Cannot be permitted to completely alter his original case and take defendant by totally new and distinctive cause of action - Amendment sought after two years of institution..........
Adverse possession -- A tenant can never claim adverse possession against the true owner...........
Specific Relief Act, 1963, Section 36, 37 -- Injunction against true owner - Title claimed on the basis of adverse possession - A tenant can never claim adverse possession against the true owner - Defendant proved by oral as well as documentary evidence his title and ownership - Concurrent findings of fact recorded by both the Courts below against the plaintiff on proper..........
Mortgage -- Redemption - Plea of adverse possession - Not maintainable - Mortgagee in possession continues in possession under mortgage and cannot claim land by adverse possession or as a tenant...........
