Adverse possession -- Co-owners - Property purchased jointly by two brothers - Mutation entry in name of both - One brother continued to cultivate it as co-owner - No evidence showing either partition of suit property or sale of share by one to the other - Ouster not proved - Co-owner not entitled to claim title by adverse possession...........
Agreement to sell -- Does not create any title nor it decides any rights in favour of a person entering into agreement to sell...........
Evidence Act, 1872, Section 3 -- Proof of title - Entries in Municipal record - An entry in municipal record is not evidence of title - The entry shows the person who is held liable to pay the rates and taxes to the municipality...........
Evidence Act, 1872, Section 3 -- Suit based on title - Plaintiff has to succeed or fail on the title he establishes and if he cannot succeed on the strength of his title his suit must fail notwithstanding that the defendant in possession has no title to the property...........
Adverse possession -- Co-owners - Long and continuous possession by itself would not constitute adverse possession - Possession of one co-sharer amounts to possession on behalf of other co-sharers unless there has been clear ouster by denying the title of other co-sharers - Mutation in the revenue record in the name of one co-sharer does not amount to ouster unless there..........
Limitation Act, 1963, Article 65 -- Suit governed by Art.65 - In order to succeed plaintiff has to prove his title - It is not necessary for him to prove that he was in possession within 12 years preceding the filing of suit - On the contrary, it is for the defendant so to prove if he wants to defeat the plaintiff's claim to establish title by adverse possession...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Decision in money suit - Shall not operate res judicata in title suit...........
Co-sharers -- Non participation in the rent and profits of the land by a co-sharer does not amount to ouster so as to give title by prescription...........
Co-sharers -- Long and continuous possession does not constitution adverse possession - Even non participation in the rent and profits of the land to a co-sharer does not amount to ouster so as to give title by adverse prescription - A co-sharer becomes a constructive trustee of other co-sharer and the right of appellant and/or his predecessors in interest would be deemed..........
Possession -- Suit for - Plaintiff has to prove his title and it is not necessary to prove that he was in possession within 12 years preceding the filing of the suit - Defendant if wants to defeat the plaintiff's claim has to establish his title by adverse possession...........
