Adverse possession -- Neither there is any evidence nor pleadings to the effect that when possession of defendant became adverse - Plaintiff and defendant are brothers - Even the entry in revenue record in favour of defendant is recorded in the year 1974 and suit filed in 1984, therefore, even period of 12 years had not elapsed - Even otherwise, khasra girdwari do not..........
Adverse possession -- Plea of - Bald statement that defendants are in possession of suit property for the last 12 years - Not sufficient - They were required to show that they have been in continuous, undisturbed and peaceful possession of suit property for the last 12 years and that their possession was hostile to the possession of plaintiff, which has not been shown by..........
Adverse possession -- Plea of acquisition of title by adverse possession can be taken by plaintiff...........
Suit for possession - - Plea of adverse possession taken by defendant - Ownership of plaintiff over suit property on basis of sale deed already settled in earlier suit instituted by defendants themselves - Said finding is final and not being subject matter of challenge in these proceedings, cannot be reopened by Court - Plea of adverse possession rejected - Suit rightly..........
Adverse possession -- Plea of continuous possession - No plea that such possession was hostile to the true owner - Evidence of defendants of continuous possession - Some of the receipts pertain to 1963 but possession since November, 1963 till the filing of suit will not ripe into title as defendants never admitted plaintiff to be owner or that the land ever vested with..........
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..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Partition suit - Amendment sought to incorporate plea of adverse possession - Defendants contended that they perfected their rights by adverse possession - No prejudice would be caused to plaintiff by amending written statement as sought for - Moreover, amendment sought would not alter or..........
Punjab Wakf Act, 1995, Section 107, Limitation Act,1963 -- Wakf property - Applicability of Limitation Act - S.107 of Punjab Wakf Act postulates that nothing contained in Limitation Act would apply to a suit for possession of immovable property comprised in any Wakf or for possession of any interest in such property - Therefore, suit filed by plaintiff could not be said..........
Limitation Act, 1963, Article 58 -- Limitation - Suit for declaration of ownership - Computation of period of limitation - When admittedly plaintiff was owner, it was incumbent upon defendant to prove a better title or raise plea of adverse possession - Once these pleas are not raised, mere fact that revenue entries are in favour of defendant is of no avail and could not..........
Adverse possession -- Perfection of title by adverse possession - By perfection of title on extinguishment of owner's title, a person cannot be remediless - In case he has been dispossessed by the owner after having lost the right by adverse possession, he can be evicted by plaintiff by taking plea of adverse possession...........
