Revenue record -- When document of title shows plaintiffs to be owners of property and there is clear recital that possession was handed over to plaintiffs then entry in revenue record showing defendants in continuous possession of suit property loses any significance...........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction - Plea of adverse possession and title - Defendant admitted the ownership of father of plaintiff - Plaintiff became one of co-owners along with his brothers after demise of his father - Deed of partition pleaded by defendant not proved - Two alternative pleas of adverse possession and title was sought..........
Co-owners -- Eviction suit - One of co-owners can file a suit for eviction of a tenant in the property generally owned by co-owners on the basis of doctrine of agency and that consent of other co-owners is assumed as taken unless it is shown that other co-owners were not agreeable to evict tenant...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of ownership and permanent injunction - Plea of non est factum - Plaintiffs claimed to be absolute owners thereby denying not only correctness of Power of Attorney in favour of defendant but also subsequent execution of sale deeds by Attorney - Defendant transferred the property in favour of his father and..........
Adverse possession -- Material on record does not suggest that defendants had ever expressed their specific hostile animus to hold possession of suit land as owners by denying title of plaintiff or his predecessor-in-interest - Defendants thus, not perfected title over suit land by way of adverse possession...........
Specific Relief Act, 1963, Section 38 -- Suit for injunction - Co-owners - Suit for injunction is maintainable even by any of co-owner without impleading the other co-owners as parties...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment to take plea of adverse possession sought at the stage of arguments - There has not been any due diligence on the part of defendants - Defendants had even otherwise taken a specific stand in written statement that they are owners in possession of suit land on basis of an oral sale -..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration that plaintiffs along with defendants are joint owners - Vendor of plaintiff and defendants entered into agreement that wall of house of defendant would be raised by defendant but would remain common and jointly owned by both of them - Defendants never challenged the said agreement to be void..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title on basis of adverse possession - Defendants filed counter claim seeking relief of possession - Plaintiff failed to prove acquisition of title over suit land by way of adverse possession - True owners were within their right to claim possession of suit land from plaintiff on basis of their title -..........
Eviction suit by a co-owner -- Plea of partition by tenant - Tenant has no concern with partition of property in dispute and it is open only for co-owners - Tenant has no right to raise issue of partition in eviction suit...........
