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)...........
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..........
Specific Relief Act, 1963, Section 34 -- Suit - for declaration of title over a property by adverse possession and limitation is not maintainable...........
Adverse possession -- Suit by plaintiff for declaration of title on the basis of adverse possession is not maintainable - Plea of adverse possession is available only to defendant by virtue of Art.65 of Limitation Act...........
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..........
Limitation Act, 1963, Article 59, 65 -- Petition time barred - Validity - Plea of Adverse Possession - Defendant claiming the possession of land on the basis of possession from 25 years - Plaintiff came to know about the false sale deed about 4 yrs back - held, Correct article applicable would be Article 65 and not 59 - Suit had been filed within 12 years and it is not..........
Limitation Act, 1963, Article 64, 65 -- Adverse possession - Suit for partition - Suit properties are streedhana properties of deceased - According to custom only daughters succeed to streedhana properties exclusively - But sons of deceased came to be in continuous adverse possession for 50 years - Daughters lost their right to claim possession by adverse possession and by..........
Limitation Act, 1963, Article 65 -- Limitation - Adverse possession - Once a suit for recovery of possession is filed against defendant in adverse possession, his adverse possession does not continue thereafter as the moment such suit is filed, running of time for acquiring title by adverse possession gets arrested...........
Limitation Act, 1963, Article 65 -- Suit for possession - Limitation for filing suit for possession is 12 years when possession of a defendant becomes adverse to the plaintiff - Suit for possession cannot be dismissed as barred by limitation if not filed within 12 years from the date of dispossession...........
Limitation Act, 1963, Article 64, 65 -- Adverse possession - No evidence led by defendants showing that their possession with animus possidendi began from a particular date - No date or year has been stated by defendants to be point of time from which they started occupying property with requisite animus possidendi to knowledge of plaintiffs - Therefore, defendants cannot..........
