Adverse possession -- Perfection of title by adverse possession - By perfection of title on extinguishment of owner's title, a person cannot be remediless - In case he has been dispossessed by the owner after having lost the right by adverse possession, he can be evicted by plaintiff by taking plea of adverse possession...........
Trespasser -- Trespasser's long possession is not synonym with adverse possession - Trespasser's possession is construed to be on behalf of the owner - Casual user does not constitute adverse possession - Owner can take possession from a trespasser at any point of time...........
Adverse possession -- Joint possession/co-owner possession is not presumed to be adverse...........
Adverse possession -- Whenever - plea of adverse possession is raised, it pre-supposes that owner is someone else and person taking plea of adverse possession is not actual owner but had perfected his title by prescription since real owner failed to initiate any proceeding for restoring possession within prescribed period under statue...........
Specific Relief Act, 1963, Section 38 -- Injunction - Co-owner - Joint property - Relief of injunction against co-owner cannot be granted...........
Motor Vehicles Act, 1988, Section 50, 147, 149 -- Theft of vehicle - Liability of insurance company - Purchase of vehicle in auction by Bank - Certificate of possession issued by bank - Insurer was specifically informed by Bank which held a lien on insurance policy of lifting its lien following termination of agreement of hypothecation - Following this, premium for..........
Madhya Pradesh Accommodation Control Act, 1961, Section 23A, 23J -- Rent and eviction - Bonafide requirement - Basic pre-requisites for special category of persons enumerated in S.23J of the Act to successfully invoke S.23A(b) of the Act are as follows (i) landlord belongs to one of five categories of persons enumerated u/s.23J of the Act; (ii) landlord owns accommodation;..........
Madhya Pradesh Accommodation Control Act, 1961, Section 23A -- Rent and eviction - Bonafide requirement - It is the Will on basis of which ownership was claimed and same was not produced by landlord in original at time of his examination-in-chief - It appears from record that Will in original was produced along with written arguments and is also shown to be marked though..........
Madhya Pradesh Accommodation Control Act, 1961, Section 23J -- Rent and eviction - Bonafide requirement - Burden of proof - Landlord being owner of accommodation in question and belonging to category of persons enumerated u/s 23J of the Act is required to be established by landlord in accordance with established law of procedure and evidence based on anvil of preponderance..........
Suits Valuation Act, 1887 - - Plea of adverse possession - By pleading adverse possession very specifically in written statement, defendant admitted title of plaintiff to suit land but said title was extinguished by defendant's hostile possession - However, plea of adverse possession not proved by defendant - Having failed to prove the plea of averse possession in itself..........
