East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide requirement - Co-owners - One co-owner having another property in his name - It cannot be said that co-owner seeking eviction has no personal necessity moreso when other co-owner has no objection if he take possession of the demised premises and starts business for settling his son...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Conscious possession - Recovery made from house - No proof that accused was owner of premises wherefrom recovery was effected - Rather burden put on accused to prove that he is not the owner of the house - Seal not handed over to any independent witness - Disclosure statement recorded when accused was in..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Rent and eviction - Bonafide requirement - As per tenant, he is in possession of Will executed in favour of his father by erstwhile owner and by virtue of this Will, his father became owner of property and there was no relationship of landlord and tenant - However, Will in favour of father of tenant was stated to have been..........
Adverse possession -- Law as to - Needs a change as law of adverse possession deprives the ownership of a person merely for inaction within limitation - The law at present is extremely harsh for the true owner and a windfall for a dishonest person who had illegally taken possession of the property of the true owner - Law should not benefit a person who takes possession of..........
Adverse possession -- A person claiming adverse possession should show : (a) on what date he came into possession; (b) what was the nature of his possession; (c) whether the factum of possession was known to the other party; (d) how long his possession has continued, and (e) his possession was open and undisturbed - A person pleading adverse possession has no equities in..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-owner in exclusive possession raising construction - A co-owner who is not in possession of any part of property is not entitled to seek injunction against co-owner who is in exclusive possession of suit property, unless act of person in possession of suit property amounts to ouster, adverse to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Raising construction - Plaintiff himself raised construction on the joint property - Held, there is no equity in his favour to challenge the construction to be raised by other co-owner who has been given exclusive possession under a sale deed...........
Adverse possession -- Co-owners - Properties possessed by some of the co-owners - It is possession for and on behalf of other co-owners unless the ouster is made out explicitly by the co-owner in possession by an overt act - Mutation entry is not an indication of adverse possession - One co-owner, in exclusive possession, cannot render his possession adverse to other..........
Co-owner -- A co-sharer asserts joint title and possession even, where other co-sharers/joint owners are in separate possession of different parcels of land and as a natural consequences, a co-sharer in possession of a specific area of joint property possesses the property for and on behalf of all other co-sahrers/joint owners...........
Co-owner -- Separate possession - For purpose of better management co-owners often hold separate possession of joint land but this separation of possession, without a corresponding intent, to sever the joint status of the joint owners do not confer a right upon a co-sharer in separate possession to assert his separate ownership - A joint owner is owner of a specific share..........
