Rent and Eviction -- Plea of adverse possession by tenant - Principle of once a tenant always a tenant ends on taking plea of adverse possession and asserting one's own right...........
Rent and Eviction -- Plea of adverse possession by tenant - Withdrawal of plea of adverse possession by tenant - Held, tenant having asserted his adverse possession, his ostensible tenancy rights in the `premises in suit' disappeared into thin air and provisions of Rent Act ceased to apply to the suit property - Remedy of landlord lay before Civil Court...........
Adverse possession -- Plea by Government - Not permissible - State being a welfare State, cannot be permitted to take plea of adverse possession - State cannot be permitted to perfect its title over land by invoking doctrine of adverse possession to grab property of its own citizens...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Appearance through power of attorney holder - Held, permissible as power of attorney holder is not a stranger and he is the brother of owner - Once he has answered all the questions, adverse inference against owner cannot be withdrawn, only on no, appearance of the owner...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Death by burning - Accused contended that deceased as per his statement had allegedly consumed liquor before being put on fire - However, no such liquor was found in dead body of deceased - Moreover, in such fire injury case, no adverse conclusion can be drawn against statement made by deceased about his having consumed..........
Limitation Act, 1963, Article 65 -- Limitation - Suit for recovery of possession - Suit filed in the year 1976 - However, defendant trespassed into suit property in the year 1955 as per plaintiffs - Plaintiffs therefore, ought to have filed suit within a period of 12 years from date of alleged trespass, as contemplated u/art 65 of the Act when possession of defendants..........
Adverse possession -- Defendants proved their possession over suit property from year 1955 onwards - Whereas, suit for recovery of possession by plaintiff was filed in the year 1976 - Defendants held, proved their possession and enjoyment of suit property for more than 12 years and thus proved their continuous and uninterrupted and hostile possession to title of true..........
Suit for recovery of possession -- Predecessor-in-interest of respondents was partner with appellants - Entire second floor of demised premises was given on rent to partnership firm - After dissolution of firm, rent receipt was issued in name of only one partner and it was silent about others - Even after death of predecessor respondents continued to occupy premises - In..........
Matrimonial litigation -- Furnishing of affidavit of assets, income and expenditure - Directions issued to Family Courts in the States of Punjab, Haryana and Union Territory of Chandigarh and also to all Courts handling matrimonial litigation in the said states that : (i) Courts shall insist upon parties to furnish "Affidavit of assets, income and expenditure" in given..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Contradictory versions given by a witness - Clarification - When there are two versions of a witness, which according to adverse party are contradictory and inconsistent, in order to get clarification from witness, Court has power to recall any witness either on its own motion or on application filed by..........
