Adverse possession -- Waqf property - Beneficiary of a waqf, who is neither a trustee nor a co-owner of waqf property, can acquire title through adverse possession even if it is property of waqf...........
Adverse possession -- Waqf property - Waqf property can be subject matter of acquisition of title by adverse possession...........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of judgment or decree during pendency of appeal - First appeal is sub judice and during pendency thereof if decree is executed and petitioner is dispossessed from suit property or title is transferred to plaintiff, same would cause irreversible and irreparable damage qua rights of defendant - Defendant has all throughout..........
Possession -- When facts disclose no title in either party at the relevant time, prior possession alone decides right to possession of land in assumed character of owner against all the world except against rightful owner...........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24(2) -- Acquisition of land - Lapse of proceedings - Possession of land was taken after award was announced - There was dispute about title of property - No compensation paid to predecessor of interest of petitioner - Land acquired was more than two decades..........
Criminal Procedure Code, 1973, Section 145 -- Proceedings u/s 145 Cr.P.C - Proceedings u/s 145 Cr.P.C. cannot be dropped merely on the ground that one party had approached civil Court not with regard to title or right to possession...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Plaintiffs had proved in evidence jamabandi in which they are recorded as owners in possession of suit property - Defendant unable to prove any title to suit property or any valuable right being there - Concurrent findings on record that plaintiffs are owners of suit property and..........
Indian Penal Code, 1860, Section 411 -- Title - in an offence u/s 411 IPC is not required to be proved as it is crime against possession...........
Transfer of Property Act, 1882, Section 51 -- Scope - Applicability of the provision - In order to attract the provision occupant of land must have held possession under colour of title, his possession must not have been by mere possession of another but adverse to the title of the true owner and he must be under the bone fide belief that he has secured good title to the..........
Suit for recovery of possession -- Encroachment - Mere fact that after making objection plaintiff took some reasonable time to approach Court for recovery of possession cannot be a reason to deny him relief of recovery of possession of encroached land on his establishing his title over it - Suit rightly decreed...........
