Adverse possession -- Plaintiff claiming his adverse possession since 1960 - Defendant produced Khasra Girdawaries from 1963-64 to prove possession of father of plaintiff in revenue record as tenant - Copies of khasra girdawaries may not carry the presumption of correctness, however they still form a part of official record - PW3 who is plaintiffs witness admitted in cross..........
Adverse possession -- Plaintiffs claiming exclusive ownership with regard to property in question based upon an oral agreement to sell purported to be executed by defendant in favour of their predecessor-in-interest - Possession of plaintiff is thus, permissive in nature - In absence of any deed of title much less deed of registered sale and in absence of specific plea of..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title, recovery of possession and recovery of arrears of rent/occupational charges - Decree of possession does not automatically follow a decree of declaration of title and ownership over property - Where a plaintiff wants to establish that defendant's original possession was permissive, it is for plaintiff..........
Adverse possession -- Plea by defendant - Permissive possession - Possession was never hostile to the owners of property - Element of hostility completely missing - Plea of adverse possession not proved - Since structure was put up by defendant and is same is completely dilapidated - Value of structure may not be more than Rs.5,000/- - However, considering the fact that..........
Adverse possession -- Once party is held to be in permissive possession, mere length of possession will not cloth such party to claim ownership by prescription on time...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Suit for possession, recovery of mesne profit and damages against son and daughter-i, law - Plaintiff exclusive owner of suit property which fact not denied by defendant - Even permissive user of suit premises not disputed by defendant - Except for bald and vague denials, defendant has not taken any..........
Adverse possession -- Possession delivered in pursuance of agreement to sell - Possession is permissive - Defendant cannot claim that his possession is adverse and he has perfected his title by way of adverse possession. (Limitation Act, 1963, Art.65)...........
Civil Procedure Code, 1908, Section 80, Specific Relief Act, 1963, Section 34 -- Suit against government - Suit for declaration of possessory right and for recovery of possession - No evidence on record that plaintiff is a landholder or settlement holder in respect of suit land or he was in possession thereof or that in any point of time he was dispossessed by defendants -..........
Adverse possession -- Permissive possession - Person coming in permissive possession cannot claim adverse possession howsoever long it may be - Permissive possession to become adverse must be established by cogent and convincing evidence to show hostile animus and possession adverse to the knowledge of true owner - Mere possession for howsoever length of time does not..........
Suit for possession -- Plea of adverse possession - Concurrent findings of Courts below against defendant in negating his claim of acquisition of title by adverse possession cannot be found fault with, as it has not been established by clear, cogent and acceptable evidence - Nature of possession of defendant over suit property found permissive from beginning - Suit rightly..........
