Adverse possession -- Plaintiff cannot seek declaration of title on the basis of adverse possession - Such plea is available only when proceedings are filed against plaintiff and he is arrayed as defendant then he can take the plea of adverse possession as defence...........
Specific Relief Act, 1963, Section 6 -- Claim for Possession of property - Onus is on plaintiff to prove that defendant had encroached upon any portion of suit land - No specific plea that defendant had encroached upon disputed land - Defendant admits his adverse possession over land other than suit land - Plea of plaintiff that alternate plea of adverse possession raised..........
Limitation Act, 1963, Article 59, 65 -- Petition time barred - Validity - Plea of Adverse Possession - Defendant claiming the possession of land on the basis of possession from 25 years - Plaintiff came to know about the false sale deed about 4 yrs back - held, Correct article applicable would be Article 65 and not 59 - Suit had been filed within 12 years and it is not..........
Adverse possession -- In order to defeat title of plaintiff on the ground of adverse possession, it is obligatory on the part of defendant to specifically plead and prove as to since when their possession became adverse - If it was permissive or obtained pursuant to some sort of arrangement, plea of adverse possession would fail...........
Adverse possession -- Plaintiff pleaded that she perfected her title to suit properties by way of adverse possession - Plea rejected as period of 12 years was not completed by date of filing of suit - Moreover, plea of securing title by plaintiff from defendant Nos.2 & 3 by way of relinquishment is inconsistent with plea of adverse possession...........
Adverse possession -- Taking plea of adverse possession means admitting title of plaintiff - By taking plea of adverse possession defendant cannot take other pleas including tenancy available to him - If ownership is proved, relief cannot be declined on technical grounds...........
Adverse possession -- Burden of proof - If a plaintiff successfully establishes his title over suit property, he is entitled for relief of recovery of possession and burden to prove that a defendant has perfected his title through adverse possession squarely rests upon defendant who raises such plea...........
Adverse possession -- Plaintiff cannot seek declaration of title on the basis of adverse possession - Plea is available only when proceedings are filed against such person arrayed as defendant...........
Civil Procedure Code, 1908, Section 11 -- Explanation IV - Res judicata - Plea not taken in earlier suit filed by defendant against plaintiff - Held, plea of adverse possession is barred by principle of res judicata...........
Specific Relief Act, 1963, Section 34, Limitation Act, 1963, Article 65 -- Declaration on ground of adverse possession declined but relief of injunction granted - Relief of injunction not challenged, hence finding became final - Finding of High Court in second appeal that plaintiff is not entitled to injunction were unnecessary and beyond the scope of appeal - Possession..........
