Limitation Act, 1963, Article 64, 65 -- Adverse possession - Plea not available to plaintiff - Suit seeking declaration for having become owner of suit property by way of adverse possession itself is not maintainable - Person can only raise such plea by way of defence and not by way of offence by filing suit...........
Limitation Act, 1963, Article 64, 65 -- Adverse possession - Tenant - Has to prove act of ouster - Mere non-payment of rent would not constitute adverse possession...........
Civil Procedure Code, 1908, Section 100, Limitation Act, 1963, Section 27 -- Second Appeal - r/w ,Art. 64 - Adverse possession - Appellant's father was engaged as watchman and was in that capacity allowed to stay in suit premises - After his father's death, appellant continued to serve as watchman to respondent society - Appellant failed to prove adverse possession -..........
Limitation Act, 1963, Section 14, Article 65 -- Plea of adverse possession - Proof - Held, plaintiffs are required to prove their title in order to claim declaration of title but they need not prove their possession on property in dispute for 12 years - However, defendants, who are claiming adverse possession, are required to prove their continuous possession for 12 years..........
Limitation Act, 1963, Article 58 -- Declaratory suit - Revenue entries - Limitation to challenge - Held, in a suit for declaration as well as permanent injunction, limitation will not start w.e.f. the date an adverse entry is made in revenue record but when actual possession of plaintiff is threatened by other party u/Art.58 of Limitation Act - Time would begin to run not..........
Adverse Possession -- Co-owner - Held, where an ouster has been proved of co-owner, then plea of adverse possession can be set up - Once co-sharer openly asserts his title and denies that of other and this hostile attitude is known to knowledge of other co-sharers which is point of limitation from which principle of adverse possession has to be taken into consideration -..........
Limitation Act, 1963, Article 65 -- Suit for possession - Limitation - 12 years - Period of limitation starts to run when a title adverse to plaintiff is claimed...........
Limitation Act, 1963, Article 65(b) --- Adverse possession - Amongst co-shares - Merely because plaintiff is living in her matrimonial house, it cannot be said that she is out of possession - Ouster cannot be presumed in absence of any specific evidence...........
Limitation Act, 1963, Article 65 --- Adverse possession - Amongst co-owners - Collection of rents - Mere collection of rents by one of the joint owners not sufficient to hold that his possession has become adverse to other joint owners...........
Adverse possession -- Prayer clause is not a substitute for a plea of adverse possession - A plea is at least required to show when possession became adverse so that the starting point of limitation against the party affected can be found...........
