Adverse possession -- Co-sharer - If a co-sharer is in possession of entire property, his possession cannot be deemed to be adverse for other co-sharers unless there has been complete ouster of other co-sharers...........
Limitation Act, 1963, Article 65 -- Limitation - Suit for possession on the basis of inheritance - No period of limitation is prescribed for filing a suit for possession on the basis of inheritance...........
Registration Act, 1908, Section 17(1A), 49, Transfer of Property Act, 1882, Section 53A, Specific Relief Act, 1963, Section 16(c) -- Agreement to sell - Suit for specific performance - Prayer for possession also made in the suit - Plaintiff can be permitted to rely upon the agreement to sell by duly exhibiting the same - Held, refusal to exhibit the agreement on the ground..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 2 kg charas - Conscious possession - Accused found in conscious possession of 2 kg of charas - Official witnesses proved recovery effected from accused - Accused has not been able to point out any discrepancy/contradiction in the statements of official witnesses - There is also no other..........
Transfer of Property Act, 1882, Section 106 -- Unregistered leasehold document - Evidentiary value - Even though terms could not be culled out from the said document as it is an unregistered document, however, nature of possession of person concerned can be discerned from such document...........
Transfer of Property Act, 1882, Section 60 -- Mortgage deed in favour of lessee - Redemption - Survival of leasehold rights - Nothing on record to show that leasehold arrangement which was being enjoyed by defendant had been surrendered either expressly or impliedly and it put to an end to leasehold arrangement between parties and also the character of defendant -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of poppy straw - False implication - Statements of ASI, witness of recovery and I.O qua apprehension, search and seizure and recovery of contraband from the possession of accused are cogent, consistent and reliable - Accused failed to allege and prove any ill-will or motive on the part of ASI or..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 32 -- Decree for possession - Possession delivered - Decree holder again deprived of possession after one year and six months - Held, once decree for possession is satisfied and plaintiff is again deprived of possession after a considerable time, remedy lies in seeking appropriate relief by filing suit for possession..........
Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992, Section 3(2), 11 -- Tenancy rights of notified appellant u/s 3(2) of the Act - Appellant questioning the value offered by respondent No. 2 for surrender of it's tenancy rights and also rise in value during pendency of appeal - No better offer received despite advertisement - Respondent No.2..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - Obstructed by JD - DH has specifically stated that JDs have started interfering with his possession despite knowing about the decree for permanent injunction - Even JDs themselves have admitted that they are in occupation of suit land, which plea is contrary to the decree for..........
