Adverse possession -- Defendant not sure as to who is the true owner - Held, question of his being in hostile possession and the question of denying title of the true owner does not arise. (Limitation Act, 1963, Arts.64 & 65)...........
Adverse possession -- Means hostile possession which is expressly or impliedly in denial of title of the true owner - Mere long possession is not sufficient - In order to constitute adverse possession the possession must be adequate in continuity, in publicity and in extent so as to show that it is adverse to the true owner - The classical requirements of acquisition of..........
Adverse Possession -- Contemplate a hostile possession, which expressly or impliedly in denial of title of true owner - Possession to be adverse must be possession by person who does not acknowledge other's rights but denies them...........
Limitation Act, 1963, Section 15, Article 65 -- Adverse possession is that form of possession or occupancy of land which is inconsistant with the title of rightful owner and tends to extinguish that person's title - It provides that no person shall make an entry or distress or bring an action to recover any land or rent, but within 12 years next after the time when right..........
Adverse Possession -- Possession cannot be held to be adverse if referred to a lawful title - One who holds possession on behalf of another does not by mere denial of that other's title make his possession adverse - A person who enters into possession having a lawful title, cannot be permitted to show that his possession was hostile to another's title...........
Adverse Possession -- Burden of prove - Defendent to prove affirmatively, by clear and unequivocal evidence that his possession was hostile to real owner and amounted to denial of his title to property claimed - For deciding whether alleged acts constituted adverse possession, the animus of the person doing those acts is most crucial factor ...........
Adverse Possession -- Whereabouts of true owner not known -Defendent claims adverse possession of the property - Not sure who is the true owner - Question of his being in hostile possession and denying title of true owner does not arise...........
Specific Relief Act, 1963, Section 34 -- Adverse possession - Suit for declaration that possession over suit land has been perfected into ownership by way of adverse possession - Plea rejected on the grounds (i) Gram Panchayat local authority within the meaning of Article 12 of the Constitution and plaintiff has not perfected title for last more than 30 years, (ii)..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Necessary party - Suit for declaration - Dispute with regard to title of property - Tenant not necessary party...........
Civil Procedure Code, 1908, Order 7, Rule 7 -- Relief - Larger than claimed - Cannot be granted under guise of O.7.R.7 CPC - Suit for permanent injunction without any alternative relief of partition - Parties setting up rival claims of right, title and interests in respect of entirety of property - grant of preliminary decree for partition, held, not sustainable...........
