Adverse possession -- Co-owners - Co-owner who claims adverse title has to prove ouster of other co-owner by an open assertion to the knowledge of that co-owner expressing and asserting his animus to hold the property in derogation of right title or interest of that co-owner - Ouster must qualify the requirement of the necessary animus to oust the co-owner from possession..........
Suit for possession -- Predecessors-in-interest of plaintiffs are owners as recorded in jamabandi for the year 1955-56 and predecessors-in-interest of defendants was recorded as tenants - Three rounds of litigation with respect to suit property was on record and out of two litigations suit land was declared as recorded in possession of predecessors-in-interest of..........
Transfer of Property Act, 1882, Section 111(d) -- Doctrine of merger of tenancy - Tenancy - Petitioner admits that she is not tenant of disputed premises and has purchased 1/3rd share of one of co-owners of property and not entire ownership interest in disputed premises - Twin conditions of applicability of doctrine of merger of tenancy are lacking - Doctrine of merger is..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Inadequacy of sale consideration - Vendor never raised any finger to say that he was not paid consideration shown to have been paid in sale deed - Even otherwise, if there was any under valuation of suit land in terms of consideration shown to be paid in sale deed, that was for Sub-Registrar to object the same -..........
Will -- Proof - Claim of ownership on the basis of Will - Will under which plaintiff claim ownership of plot in question, does not even refer to the suit land - In the Will what has been written is that testator is bequeathing his entire property in favour of plaintiffs - But that itself is not sufficient - Moreover, in revenue record defendants are recorded owners in..........
Easement Act, 1882, Section 15 -- Easement - Right of way - Plaintiffs though pleaded that they and other owners of properties were enjoying same, but absolutely failed to adduce any evidence and have failed to establish that they had enjoyed footpath peacefully with knowledge of servient owner for more than 20 years - Defendants on the other hand disproved the case of..........
Court Fees Act, 1870, Section 7(iv)(c), 7(v) -- Ad valorem Court fees - Suit for declaration, permanent injunction, possession and mesne profit - For each relief plaintiffs are required to value suit and to pay Court fees accordingly - Plaintiffs for relief of possession already paid Court fees 10 times of land revenue - As regarding relief of declaration, since plaintiffs..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Bonafide necessity - Respondents admit relationship of landlord-tenant and admit that petitioners are owners and landlords of subject premises - Respondents further admit that need of petitioners is bonafide and petitioners does not have any other suitable alternative accommodation available with them -..........
Rajasthan Pre-emption Act, 1966, Section 5(1)(c), 6(1)(ii), 6(3) -- Right of pre-emption - Plaintiff and defendant no.2 were joint owners in possession of disputed courtyard having half share each - Defendant no.2 sold his house and disputed courtyard to defendant no.1 - Plaintiff has a superior right of pre-emption by virtue of provisions of S.6(3) of Rajasthan..........
Consumer Protection Act, 1986, Section 12 -- Insurance claim - Accidental fire - Destruction of agriculture produce stored in cold store - Liability of insurance company - Non-disclosure of material particulars - Stock in trade was covered for a sum of Rs.30 Crores and premium was charged accordingly - In case insurance company has chosen not to verify the stock it cannot..........
