Adverse possession -- Co-sharer - Mere fact that the plaintiff has not participated in the profit or income of the property would not amount to ouster of the plaintiff as co-sharer - As a co-owner, there is no overt act of the defendants so as to oust the plaintiff from possession - The plaintiff was never admitted to be the owner of the property so as to claim adverse..........
Adverse possession -- Co-sharer - If a co-sharer is in possession of the entire property, his possession cannot be deemed to be adverse for other co-sharers unless there has been an ouster of other co-sharers...........
Adverse possession -- Co-sharer - Mutation in revenue record in name of one co-sharer - Does not amount to ouster unless there is a clear declaration that title of the other co-sharers was denied...........
Adverse possession -- Co-sharer - Ouster of non-possessing co-heir by the co-heir in possession who claim his possession to be adverse, should be made out - Possession of one co-heir is considered, in law, as possession of all the co-heirs - When one co-heir is found to be in possession of the properties, it is presumed to be on the basis of joint title...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 37, 38 -- Co-owner - Right to seek injunction against co-owner in exclusive possession of the entire or part of the property restraining him from making construction in that part of the property - Held, that (i) a co-owner who is not in possession of any part of the property is not entitled..........
Adverse possession -- Amongst co-owners - There must be evidence of open assertion of hostile title, coupled with exclusive possession and enjoyment by one of them to the knowledge of the other so as to constitute ouster - The burden of proving ouster is on the person claiming to displace the lawful title proved by a co-owner & he has to prove something more than the..........
Adverse possession -- Co-sharer - Plea of adverse possession by a co-sharer against another co-sharer cannot be accepted unless complete ouster for more than twelve years is proved or disclaimed of share of other co-sharer is proved - Defendants failed to establish any overt act over property to knowledge of plaintiff - Mere allegation of possession does not amount to..........
Limitation Act, 1963, Article 65, 110 -- Adverse possession - Co-owners -Starting point - One of the co-owners claiming share in joint property - Defendant asking plaintiff to claim his share through Court - Held, this does not amount to denial of share of the plaintiff so as to amount to ouster and/or exclusion - Starting point is the adverse claim made - Even though..........
Adverse possession -- Co-owners - No pleading as to ouster - No evidence as to brining of adverse character to the knowledge of ousted co-owner - Suit filed within 12 years from the date of coming into possession - Held, adverse possession is not made out...........
Adverse possession -- Co-owner - Mere exclusive possession or non-participation of income by true owner will not prove ouster or adverse possession - Sale of property by one co-owner - Plaintiff cannot be fixed with knowledge of those documents simply because these are registered documents - Registration of the documents by itself cannot operate as notice to the plaintiff..........
