Adverse possession -- Plea of acquisition of title by adverse possession can be taken by plaintiff...........
Adverse possession -- To establish a claim of title by prescription i.e adverse possession, possession of claimant must be physical/actual, exclusive, open, uninterrupted, notorious and hostile to true owner...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and permanent injunction - Plaintiff claims title over suit property by way of oral partition before 50 years ago - Patta was issued in the name of plaintiff on basis of said oral partition - However, no revenue document was produced to prove his possession for past 50 years - Plaintiff not entitled..........
Adverse possession -- Plea of continuous possession - No plea that such possession was hostile to the true owner - Evidence of defendants of continuous possession - Some of the receipts pertain to 1963 but possession since November, 1963 till the filing of suit will not ripe into title as defendants never admitted plaintiff to be owner or that the land ever vested with..........
Adverse possession -- Plea of adverse possession by tenant - When plea of adverse possession is raised by a tenant, assuming the title in himself against the real owner and once a notice to determine lease, per S.111(g) of Transfer of Property Act is given, tenant cannot allege ouster of jurisdiction of civil Court...........
Adverse possession -- Plea by Government - Not permissible - State being a welfare State, cannot be permitted to take plea of adverse possession - State cannot be permitted to perfect its title over land by invoking doctrine of adverse possession to grab property of its own citizens...........
Adverse possession -- Defendants proved their possession over suit property from year 1955 onwards - Whereas, suit for recovery of possession by plaintiff was filed in the year 1976 - Defendants held, proved their possession and enjoyment of suit property for more than 12 years and thus proved their continuous and uninterrupted and hostile possession to title of true..........
Adverse possession -- To substantiate claim for acquisition of title by way of adverse possession, one has to prove that his possession is actual and hostile to actual owner of land which he is possessing uninterruptedly and continuously beyond statutory period prescribed for that purpose u/art 65 of Limitation Act and within knowledge of true owner...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Relinquishment deed in favour of plaintiffs - Two co-sharers have abandoned their right, title and interest relating to suit property in favour of plaintiffs by executing a relinquishment deed - No dispute raised by executors of relinquishment deed - In absence of any dispute raised by executors of..........
Adverse Possession -- Defendants cannot be held to have perfected the title by adverse possession when both the parties were still fighting the issue in between them and delay was a systematic delay...........
