Adverse possession -- Mere possession for long time does not convert permissible possession into adverse possession...........
Adverse possession -- Where plaintiff and defendant had inherited properties in question from common ancestor, alternative plea of adverse possession by defendant was inconsequential...........
Adverse possession -- Claim of defendant that he was in possession of suit property for the last 35 years, not proved, as there is no document on record to prove the same - Plaintiff on the other hand stated that property fell to his share - Defendant did not make any cross-examination of plaintiff on this aspect - Witnesses proved on record that property belongs to..........
Evidence Act, 1872, Section 114 -- A party in possession of best evidence is bound to produce the same on record irrespective of onus or burden of proof - Court may draw an adverse inference if he withholds important documents in his possession which can throw light on the facts at issue...........
Adverse possession -- Possession when permissive possession, plea of adverse possession for claiming title over property cannot be accepted...........
Adverse possession -- Suit for declaration claiming title on the basis of adverse possession is not maintainable - Plea of adverse possession can be raised only in defence and is not a plea of attack...........
Adverse possession -- Time span of 12 years - Time span of 12 years is prescribed "when the possession of the defendant becomes adverse to the plaintiff" and not "when the possession of the defendant becomes adverse to the plaintiff or his predecessor in title (Article 65 Limitation Act, 1963)...........
Adverse possession -- Suit for possession - Defendant in his averments admitted of taking over possession of suit land deeming it Lavaris and Faltu - Possession of defendant thus was not adverse but illegal in nature - Plea of adverse possession rejected - Plaintiff proved its ownership on the suit land - Suit rightly decreed in favour of plaintiff...........
Rent and eviction -- Adverse possession - Once relationship of landlord and tenant is admitted, then tenant is stopped from claiming adverse possession - Moreover, failure of tenant to vacate property despite notice to quit, will not give him right to claim adverse possession - There was no obligation of trial Court to delve into issue of limitation of its own...........
Limitation Act, 1963, Article 110 -- Limitation - Plea of exclusion by ouster an extension to law of limitation relating to adverse possession between co-owners, ought not to be applied for persons who are claiming succession to property where defendant is unable to prove such exclusion - Ouster of possession must be such as to bring home to knowledge of other heirs that..........
