Possession -- Suit for possession on the basis of title - Suit land allotted to plaintiff in partition proceedings which attained the stage of finality - Title accrued in favour of plaintiff qua suit land after partition proceedings and the same u, rebutted on record - Defendant did not plead adverse possession over suit land - Status of defendant as co-owner is..........
Co-owner/Co-sharer -- Separate possession - Co-sharers may for the purpose of better management of the joint estate hold separate possession of parcels of joint land - However, separation of possession, without a corresponding intent, to sever the joint status of the community of joint owners does not confer a right upon a co-sharer in separate possession to assert his..........
Co-owner/Co-sharer -- Alienation - A joint owner/co-owner has an inherent right to alienate the joint property, limited to the extent and the nature of his share holding - Such transfer is only of such rights as vest in him - Vendee receives the property so transferred with all the rights and liabilities that vested in his vendor, namely, a right to assert a community of..........
Co-sharer -- Every co-sharer is owner in possession of every inch of joint estate...........
Co-owner/Co-sharer -- Adverse possession - A co-owner's possession of common property is not prima facie adverse against another co-owner, because such possession is considered as one on behalf of all co-owners, except when there is clear proof of ouster or assertion of a hostile title...........
Adverse possession -- Adverse possessor has no title or ownership in property - In fact, whole concept of adverse possession is in denial of title - It does not contemplate acquisition of title by prescription - He has right to remain in possession of property, if his possession is adverse of true owner, who is not entitled to take possession of property after the..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Injunction suit - Injunction is claimed by plaintiff being a co-owner in exclusive possession of a co-owned land - Said plea can be substantiated by producing revenue record and other material - Discretionary order passed by Court refusing to appoint Local Commissioner to create evidence, does not warrant..........
Co-sharers -- Even a co-sharer in exclusive possession of any portion of joint property cannot be permitted to raise construction and to change nature thereof because every other co-sharer is joint owner in respect of every inch thereof...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 114.750 kg of poppy husk - Accused persons were apprehended while travelling in Car and on search they were found in possession of three bags of poppy husk - Plea taken by accused that he had taken the lift and had no connection with owner and driver of said car, carries no substance - Once..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Recovery of smack - Accused was travelling in a car at the time of apprehension and said car was taken into possession - But no evidence has been collecting by I.O to establish any link between accused and said car or its owner - It is fatal to prosecution story...........
