Adverse possession -- Mutually inconsistent or mutually destructive pleas must not be taken in plaint - Whenever the plea of adverse possession is raised, it presupposes that owner is someone else and person taking the plea of adverse possession is not the actual owner but has perfected his title by prescription since the real owner failed to initiate any proceeding for..........
Adverse possession -- Total no, speaking observation and finding in respect of adverse possession which is a substantial issue cannot be accepted and proceeded - Impugned order to that extent quashed - Matter remitted back for reconsideration only in respect to some specific plots however no interference warranted in the findings recorded with regard to grove land as..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Partition suit - Suit property had already been partitioned between father of plaintiff and his brothers and they all were separated which is the findings also in earlier suit of partition - Findings by appellate Court in earlier suit will operate as res judicata in present suit - Since there had already been..........
Possession -- Suit based on title for possession - Title established - Once plaintiff proves his title, burden shifts to defendant to establish that he has perfected his title by adverse possession - Failure of defendant to prove adverse possession for the prescriptive period - Decree of possession passed in favour of plaintiff...........
Adverse possession -- A person who enters into possession by virtue of lease or a licensee cannot claim adverse possession...........
Adverse possession -- When a person set-up his claim by claiming that he has purchased the property, it is clear that he has denied the title of his vendor i.e., original owner of the property - By setting up title by virtue of sale irrespective of the fact whether sale is in accordance with law or not, but such action or declaration of purchase amounts to denial of title..........
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..........
Hindu Marriage Act, 1955, Section 5 -- Customary form of marriage - Kudivaippu Marriage - Suit for partition - Under the Pristine Hindu Law, married daughters are not entitled to a share if their marriage was in Kudivaippu form after payment of streedhana to them at the time of their marriage - In the instant case, though defendants failed to prove the marriage of..........
Adverse possession -- Mere possession however long does not necessarily mean that it is adverse to true owner - Adverse possession really means hostile possession which is expressly or impliedly in denial of true owner and in order to constitute adverse possession, the possession proved must be adequate in continuity, in publicity and in extent so as to show that it is..........
Adverse possession -- A person who possess property of another with a mistaken belief that he himself is true owner of that property or that much extent of property also forms part of his remaining property, cannot claim right of adverse possession, as he does not know or recognize and acknowledge that it is the property of another person and that possession can never be..........
