Specific Relief Act, 1963, Section 6 -- Dispossession - A person who has been illegally dispossessed can recover possession u/s 6 of the Act even against rightful owner of property and question of title of property is irrelevant in such a suit - To prove his possession, petitioner has to show that he was exercising acts of dominion over the property or over a part of it..........
Specific Relief Act, 1963, Section 6 -- Suit u/s 6 of the Act - Onus of proof lies on plaintiff to establish that he was in possession and has been illegally dispossessed - However, when both parties lead evidence the question of burden of proof becomes immaterial - In such a case, Court must be satisfied before passing a judgment in favour of plaintiff that he has..........
Specific Relief Act, 1963, Section 6 -- Dispossession - When suit u/s 6 of the Act fails, normal remedy for a party is to file a suit for declaration of title & possession - No appeal lies from the decision arising in a suit u/s 6 of the Act - Court can only interfere in revisional jurisdiction u/s 115 CPC...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Closing of evidence - Recalling of witness - Suit for possession, arrears of rent and mesne profit - Witness Building Inspector suffered statement that summoned record was not traceable - His evidence closed by Court - Held, it was not fault of petitioner who genuinely summoned that witness - Indeed, on the date when..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Suit for possession - Defendant was served notice through ordinary process and substituted service through publication at incorrect address - Infact notice served was received back with note that address was incomplete - No evidence regarding circulation of concerned newspaper in area of..........
Evidence Act, 1872, Section 115 -- Principle of acquiescence - If suit is filed for recovery of possession and there is claim of ancillary relief, a mandatory injunction for removal, then acquiescence cannot come in the way - But where plaintiff does not ask for mandatory injunction directing defendant to demolish construction, court may take into account the factor that..........
Adverse possession -- Time spent in adjudication of suit and appeal whether arrests the running of time for the purpose of adverse possession : (1) When a person entitled to possession does not bring a suit against the person in adverse possession within the time prescribed by law his right to possession is extinguished - From this it only follows that if the former..........
Limitation Act, 1963, Section 28, Article 64, 66, 67 -- Adverse possession - Time for acquiring title - Suspension of - Appellant had filed suit for eviction - Relief sought in plaint was for delivery of possession - Held, after institution of suit, time for acquiring title by adverse possession has been arrested or remained in a state of suspension till entire proceedings..........
Co-owner -- Suit for possession - Held, any one of the co-owners can sue successfully in ejectment or recovery of possession of whole of the property...........
Rent and Eviction -- Eviction - Validity - Property does not have Khasra number - Difficulty in assessing actual identity of the property - Held, proper adjudication in summary proceeding under Rent Control Act is not possible - Best course shall be to consign landlord, whoever is owner to file suit for recovery of possession on basis of title, if so advised and Civil..........
