Adverse possession -- Long duration of possession does not automatically assign the ownership by way of adverse possession - Assertion of title adverse to the real owner has to be proved by clear and unequivocal assertion - Mere long duration of possession does not assign ownership by way of averse possession...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration of title and permanent injunction - Plaintiff dispossessed during pendency of suit and after dismissal of his application for interim injunction - Amendment sought to i, corporate relief of possession, as mere suit for declaration not maintainable and hit by S.34 of Specific Relief..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration and permanent injunction - Maintainability - Once plaintiffs have failed to prove their title over vacant suit land, they cannot claim that they are in possession of it - Since physical possession of land is not with plaintiffs, simplicitor suit for declaration and permanent injunction, not maintainable...........
Mutation entries -- Nothing to do with ownership and cannot be treated as evidence of ownership of property, particularly when one of parties is in possession of a registered document of title which is correct and complete proof of ownership...........
Specific Relief Act, 1963, Section 39 -- Suit for mandatory injunction - Against licencee - Defendant in his averments has not claimed or proved any other status of his possession, thus his possession over suit property is mere licencee - Being a third person, defendant has no right, title or interest to challenge the title of property - Even if plea of defendant that he..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Defendant in possession - Suit for mere declaration without seeking relief of possession is not maintainable...........
Civil Procedure Code, 1908, Section 2(2), Order 1, Rule 8 -- Representative suit for possession and mandatory injunction - Suit for declaration that schedule property belongs to trust - No reliefs purely declaratory in nature could have been granted in an ill-constituted appeal and cross objection - Decree as such passed by Trial Court, would only confuse matter relating..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Objections - Appellants resisted the delivery of possession of property on the ground that they are believers, devotees and worshipers of one Guru, who was a social reformer - Since said Guru was a social reformer and not a avatar of God, it cannot be treated as a deity and his statue to be treated as a temple as..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-payment of ad valorem court fee - Suit for declaration - In a suit for declaration that civil court decree is illegal and is not binding upon rights of plaintiff, cloud on title is sought to be removed by way of declaration - Plaintiff not claiming possession - Plaint not liable to be rejected on..........
Mohammedan Law -- Inheritance - Joint possession - Suit for declaration - Plaintiff being daughter of deceased entitled to equal share as compared to her brothers, as per Hanafi Succession - No evidence produced by defendants brothers of plaintiff, that they are in possession of property in a clear ouster of plaintiff by denying her title - Plaintiff not required to seek..........
