Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration that ex parte decree obtained by defendant against father of plaintiffs was illegal, null and void and not binding upon plaintiffs - No evidence on record that decree in question was obtained by playing fraud upon Court - Neither father of plaintiffs nor plaintiffs filed any application for..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration on the basis of adverse possession - Suit is not maintainable...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction on the basis of adverse possession - Suit for declaration on the basis of adverse possession is not maintainable - Plaintiff, since established his possession, decree of permanent injunction rightly granted in his favour...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title on the basis of adverse possession - Not maintainable...........
Civil Procedure Code, 1908, Section 80, Specific Relief Act, 1963, Section 34 -- Suit against government - Suit for declaration of possessory right and for recovery of possession - No evidence on record that plaintiff is a landholder or settlement holder in respect of suit land or he was in possession thereof or that in any point of time he was dispossessed by defendants -..........
Adverse possession -- Suit for declaration claiming ownership on the basis of adverse possession - Suit is not maintainable, as plea of adverse possession is available only as a defence - It cannot be used as a sword...........
Limitation Act, 1963, Article 65, Evidence Act, 1872, Section 102 -- Adverse possession - Suit for declaration of title and recovery of possession - Burden of proof - Once plaintiff establish her title over suit property, burden will be shifted to defendant to prove adverse possession against plaintiff beyond the statutory period of limitation...........
Adverse possession -- Suit for declaration, on the plea of adverse possession, is not maintainable - Plea of adverse possession is available only as a defence...........
Adverse possession -- Amongst co-sharers - Plaintiff in possession - No legal and acceptable evidence that their possession was hostile and had ripened into title - Possession was on behalf of each and every co-sharer - Held, plaintiff cannot seek declaration to the effect that he has become owner of suit land by way of adverse possession...........
Adverse possession -- Suit for declaration claiming title on the basis of adverse possession is not maintainable - Plea of adverse possession can be raised only in defence and is not a plea of attack...........
