Adverse possession -- It must be pleaded and proved that possession is adequate, in continuity, in publicity and in extent and adverse to the true owner - Mere long possession for more than 12 years without intention to possess the suit land adverse to the title of the plaintiff and to the latter's knowledge cannot result in acquisition of title by prescription...........
Transfer of Property Act, 1882, Section 53A -- Agreement to sell - Suit schedule property on lease - Symbolic delivery of possession - Proof of - It can by attorning existing lease in favour of the transferee - Such attornment can take place either with the direct participation of the lessee, in a tripartite transaction, or through intimation by the transferor to the..........
Specific Relief Act, 1963, Section 6 -- Proceedings under the provision of S.6 of Specific Relief Act are summary in nature which are aimed at discouraging any forcible dispossession by the defendant - However, plaintiff is required to prove his settled possession which means that it must be effective undisturbed and to the knowledge of the owner or without any attempt of..........
Civil Procedure Code, 1908, Order 6, Rule 15, Civil Procedure Code, 1908, Order 8, Rule 6-A -- Written statement - Amendment - Title of plaintiff denied in written statement - Defendant setting up plea of his title - Amendment sought to take plea of possession - In fact this plea is by way of counter claim - Question of limitation for entertaining counter claim does not..........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Appointment of receiver - Suit for declaration regarding ownership - Plaintiff's claim that she is owner of suit property and defendants are rank trespassers - No document of title in favour of defendant - Defendant alleged secured power of attorney - Are also in possession of certain signed documents of predecessor in..........
Agreement to sell -- Suit for specific performance - Subsequent vendee - Plaintiff ready and willing to perform his part of the contract - In a collusive suit by way of compromise decree subsequent vendee obtained sale deed in his favour - Agreement of sale in favour of plaintiff was prior in time - Plaintiff had inserted advertisement in newspaper that he is the purchaser..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction restraining Financial Corporation from taking possession - Default in payment of instalments of balance sale consideration - Possession taken back by Financial Corporation - Plaintiff has thus no prima facie case - Plaintiff claiming possession on basis of unregistered agreement and simultaneously want to take..........
Specific Relief Act, 1963, Section 38 -- Possession taken in an eviction order passed by Revenue Authority under Tenancy Act - Order reversed in appeal and restitution of possession ordered - Suit for injunction restraining defendant from interfering in possession filed by contending that Revenue Authority had no jurisdiction to order restitution - Plaintiff himself..........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction regarding interference in possession sought for - Agreement for sale in favour of plaintiff - Earnest money paid - Balance money not paid - Property sold to third person - Plaintiff held not to be in possession by lower court - Finding proper - Injunction cannot be granted...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining defendants from interfering in peaceful possession - Defendant father of plaintiff owner of entire house - Plaintiff produced no documents showing that nature of property is Joint Hindu Family Property or that he is a co-sharer in any manner - Status of plaintiff cannot be more than a..........
