Possession -- Claimed as alternative relief - Suit for declaration with consequential relief of injunction and alternative relief of possession - Grant of decree of declaration and permanent injunction - Appellate Court modified decree by granting relief of possession also as it came to conclusion that suit land is owned by plaintiff and part of same was in possession of..........
Co-owner -- Possession of co-owner over land will be deemed to be possession of all co-owners even if some of co-owners are not in actual possession of land in dispute...........
Co-owner -- Ouster - To establish plea of ouster three elements are necessary: (i) declaration of hostile animus; (ii) uninterrupted and long possession of party setting up plea of ouster; and (iii) right of ownership should be exercised by party setting up plea of ouster...........
Co-owner -- Ouster - Simply mutation of name of defendant in revenue record is not sufficient to presume ouster of plaintiff - Moreover, it is not shown that name of defendant was entered in revenue record after rejection of claim/objection of plaintiff - Evidence on record shows that plaintiff is in constructive possession of suit property - Ouster of plaintiff not..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Plaintiff in constructive possession of disputed joint family property, in which she has got share - Simplicitor suit for declaration of plaintiff's share in suit property is maintainable...........
Civil Procedure Code, 1908, Order 7, Rule 7, Civil Procedure Code, 1908, Order 6, Rule 1, 2, Specific Relief Act, 1963, Section 34 -- Suit for declaration - Relief of partition and possession - Plaintiff not claimed any relief of partition and possession - No pleadings regarding partition - No Court fees paid - It also not mentioned that all joint family properties are..........
Criminal Procedure Code, 1973, Section 145, 146 -- Order of attachment - Petitioner in possession of premises - Eviction of petitioner without drawing conclusive proceedings in accordance with law - Not justified - Impugned order to the extent of eviction of petitioner set aside...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Further relief of possession, which should have been prayed not prayed - Held, suit is barred by S.34 of Specific Relief Act...........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Recovery of railway tickets from possession of accused - PW3, (to whom the tickets were given by accused) not shown tickets to police on the first instance - No explanation was given by PW3 for the same - Statement of PW6 on this behalf is also not convincing when he stated that these tickets..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Recovery of key of hotel from possession of accused - PW3 reveals that when police came to their village, they brought key of guest house, besides hotels or guests normally retain one duplicate key of every room - PW3 neither examined nor declared hostile - He was PW and prosecution is bound by..........
