Adverse possession -- Co-sharer - Ouster of non-possessing co-heir by the co-heir in possession who claim his possession to be adverse, should be made out - Possession of one co-heir is considered, in law, as possession of all the co-heirs - When one co-heir is found to be in possession of the properties, it is presumed to be on the basis of joint title...........
Co-owner -- Rights and liabilities - (1) A co-owner has an interest in the whole property and also in every parcel of it; (2) Possession of the joint property by one co-owner is, in the eye of law, possession of all even if all but one are actually out of possession; (3) A mere occupation of a larger portion or even of an entire joint property does not necessarily amount..........
Co-owner -- Ouster - In order to constitute an ouster there should be clear cut intention on the part of a co-owner that he wants to set up a hostile title to the knowledge of the other co-owners and in order to constitute abandonment on the part of a co-owner there should be voluntary and intentional act under which a co-owner wants to relinquish his right, title or..........
Co-sharers -- Whether a co-sharer can raise construction on that portion of the property, which is in his exclusive possession but within the limits of his own share without getting the joint property partitioned - A co-owner in exclusive possession of the property can raise construction and enjoy the property and if he raises any construction thereon and the raising of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 37, 38 -- Co-owner - Right to seek injunction against co-owner in exclusive possession of the entire or part of the property restraining him from making construction in that part of the property - Held, that (i) a co-owner who is not in possession of any part of the property is not entitled..........
Rent and Eviction -- Sub-letting - Respondent No.2 permitted to keep his articles as a licensee of Respondent No.1. - Not a case of sub-letting - Respondent No.2 not in legal possession to the ouster of respondent No.1 - No sub-letting. (East Punjab Urban Rent Restriction Act, 1949, S.13(2)(ii)(a)...........
Adverse possession -- Amongst co-owners - There must be evidence of open assertion of hostile title, coupled with exclusive possession and enjoyment by one of them to the knowledge of the other so as to constitute ouster - The burden of proving ouster is on the person claiming to displace the lawful title proved by a co-owner & he has to prove something more than the..........
Adverse possession -- Co-sharer - Plea of adverse possession by a co-sharer against another co-sharer cannot be accepted unless complete ouster for more than twelve years is proved or disclaimed of share of other co-sharer is proved - Defendants failed to establish any overt act over property to knowledge of plaintiff - Mere allegation of possession does not amount to..........
Consumer Protection Act, 1986, Section 11(2) -- Territorial Jurisdiction - Contract of life-membership of law journal entered into and completed at Nabha - Stipulated as a condition of contract entered into and signed by the complainant that in case of any dispute only Nabha Courts/Forum shall have jurisdiction - Condition could not be unilaterally obliterated by the..........
Criminal Procedure Code, 1973, Section 197 -- Sanction - Question of applicability of S.197 and consequential ouster of jurisdiction of the Court to take cognizance without a valid sanction is genetically different from the plea of accused that the averments in the complaint do not make out an offence...........
