Adverse Possession -- Partition suit - Ouster of co-sharer pleaded - Implies acknowledgment of title of co-sharer - Plea of ouster not established - Title of other co-sharer must be held to have been accepted...........
Benami transaction -- Six circumstances determining the nature of the transaction namely (i) the source from which the purchase money came, (ii) the nature and possession of the property, after the purchase, (iii) motive, if any, for giving the transaction a benami colour, (iv) the position of the parties and the relationship, if any, between the claimant and the alleged..........
Punjab Land Revenue Act, 1887, Section 31, 34, Punjab Land Record Manual -- Para 7.17 and 7.19 - Mutation on the basis of sale deed - Relevancy of Possession - Vendee applied for sanction of mutation on the basis of registered sale deed - Vendee not in possession - Suit for getting possession of land purchased filed in Civil Court - In terms of Para 7.17 mutation cannot be..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy husk - Recovery of two bags - Site from where contraband recovered a thorough fare and accessible to many people - Conscious possession and ownership of accused not proved - Conviction set aside...........
Housing -- Plot allotment - Failure to deliver possession - Refund - Compensation - OPs have not been able to deliver the possession of the allotted space site to the complainants because of default committed by the OPs - The demand of amount by OPs from time to time from complainant has to be held to be unjustified - OPs held deficient in rendering service to the..........
Limitation Act, 1963, Article 64, 65 -- Intention to possess cannot be substituted for intention to dispossess which is essential to prove adverse possession...........
Limitation Act, 1963, Article 64, 65 -- Adverse possession - Adverse possession is a right which comes into play not just because someone loses his right to reclaim the property out of continuous and willful neglect but also on account of possessor's positive intent to dispossess - It is important to take into account before stripping somebody of his lawful title, whether..........
Civil Procedure Code, 1908, Section 11 -- Resjudicata - Decree for possession passed in the earlier suit - Another suit regarding same subject matter - Sec. 11 of the Code is a substantive law which bars the filing of subsequent suit on a plea which was available to the party in the previous suit...........
Civil Procedure Code, 1908, Order 39,, Rule 1, 2 -- Injunction against execution of decree - Decree for possession - Execution filed - Another suit regarding same subject matter - Injunction granted against execution of decree - Decree passed after contest - No prima facie case made out in view of Sec. 11 of C.P.C. - Not open to the Courts below to grant injunction against..........
Adverse Possession -- Character - Based on theory or presumption that owner has abandend the property to the adverse processor on the aquiescence of the owner to hostile acts and claim of the person in possession - Sound quality of adverse possession lie in it be open, continues and hostile...........
