Specific Relief Act, 1963, Section 6 -- Claim for Possession of property - Onus is on plaintiff to prove that defendant had encroached upon any portion of suit land - No specific plea that defendant had encroached upon disputed land - Defendant admits his adverse possession over land other than suit land - Plea of plaintiff that alternate plea of adverse possession raised..........
Adverse Possession -- For claiming relief of adverse possession, possession has to be open, hostile and known to the entire world much less to the plaintiffs...........
Adverse Possession -- Appellants have been shown in the revenue record in cultivating possession and did not claim plea of tenancy - Appellant are in unauthorized possession of suit land, inasmuch, no evidence has come to record to enable them to become owners by way of adverse possession - Plea of limitation would not come to aid of appellant to claim adverse possession..........
Adverse possession -- Plea of adverse possession - By passing of time - Proven fact that possession of suit property was permissive and that they were inducted as licencee - Plea rejected...........
Specific Relief Act, 1963, Section 34, 37, 38 -- Suit for declaration and permanent injunction - No decree in favour of appellants about which they had filed the suit on ground of adverse possession - If objection had been filed under O.21 R.97 CPC, decision would be appealable - The objections have been raised by third party u/s 47 of CPC which has been dismissed by..........
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..........
Adverse possession -- Suit for declaration on the basis of adverse possession is not maintainable...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Objectors claiming ownership and possession in derogation to the claim of their mother (JD) whereas they have no independent claim, right, title or interest - Even the pleas of ownership by adverse possession taken by their mother (JD) is rejected in second appeal - Plaintiff has already..........
Adverse possession -- Claim of adverse possession must be evidence in terms of the ingredients, viz. (i) On what date, the person came into possession? (ii) What was the nature of his possession? (iii) Whether the factum of possession was known to the other party? (iv) How long his possession has continued? (v) His possession was open and undisturbed? - Plea of adverse..........
Adverse possession -- Plea of adverse possession has to have roots in pleadings as well as in evidence - Possession should be peaceful, open and continuous and it should be adequate in continuity, in publicity and in extent to show that possession is adverse to the true owner - It must start with a wrongful dispossession of the original owner and is actual, visible,..........
