Adverse possession -- Once defendant claimed that construction over suit land was raised by him presuming himself to be owner, plea of adverse possession could not have been taken by him...........
Adverse possession -- Once defendant made offer for exchange of land, no plea of adverse possession could be taken by them...........
Adverse possession -- A person who claims adverse possession should prove (a) on what date he came into possession, (b) what was nature of his possession, (c) whether factum of possession was known to the other party, (d) how long his possession has continued and (e) his possession was open and undisturbed...........
Adverse possession -- Plea by defendant - Burden is upon defendant to prove as to at what point of time his possession became hostile to the plaintiff and at what point of time it matured into title by way of adverse possession after lapse of 12 years - In the instant case it can be safely concluded that defendants have failed to prove hostile animus, if any, towards..........
Limitation Act, 1963, Article 65(b) -- Limitation - Suit for partition - Suit filed by sons and daughters(plaintiffs) of deceased, who was having right over suit property on the basis of inheritance made from her mother - Plaintiffs were in joint possession at time of institution of suit and it never became adverse - Defendants failed to establish the plea of ouster -..........
Adverse possession -- Suit for permanent prohibitory injunction - Defendant contended that he is in possession of suit land for more than 45 years - However, defendant not able to prove that from which date he came in possession over suit land and what was the nature of his possession - Even otherwise, if it is assumed that defendant is in possession of suit property from..........
Adverse possession -- Plea of adverse possession is essentially a plea based on facts - It is required to be proved by party raising it on the basis of proper pleadings and evidence - Burden to prove such plea is on the defendant who had raised it...........
Adverse possession -- Plea of adverse possession is only available to defendant if he admits the ownership of true owner over suit property to the knowledge of true owner - If defendant does not admit plaintiff's ownership over suit land, issue of adverse possession, cannot be tried successfully at the instance of defendant against plaintiff - Moreover, defendant having..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration on the basis of adverse possession - Suit is not maintainable, as claim of adverse possession can be used as shield and not as a sword...........
Limitation Act, 1963, Section 27 -- Extinguishment of right to property - "Right" mentioned in S.27 of the Act is right to recover possession only and nothing more - Nowhere it is mentioned that title of such person would be extinguished - When there is no extinguishment of title, extinguishment of right of title holder to recover possession of such an immovable property,..........
