Adverse possession -- Once the plaintiff proved his title, defendant in order to claim ownership had to establish on the basis of relevant documents and other evidence to prove the plea of adverse possession for the prescriptive period and unless it is so proved, plaintiff could not be non-suited...........
Adverse possession -- Limitation - Once the plaintiff proves his title over suit property, it is for the defendant resisting the same claiming adverse possession that he perfected title through adverse possession - In that regard starting point of limitation u/art 65 of Limitation Act would not commence from the date when right of ownership arises to plaintiff but would..........
Adverse possession -- DW1 himself stated that original defendants applied for getting occupancy right over suit property by filing an application and also filed application before Tehsildar that they have taken land on lease from plaintiff under his ownership - Though said application was rejected, however, said evidence on record show that possession of defendant over..........
Adverse possession -- Possession of proposed vendee under agreement to sell is always permissive possession under the vendor and he cannot plead adverse possession till he pleads and proves that he gave up the permissive possession and re-entered into possession which was open and hostile to the knowledge of the true owner...........
Practice and Procedure -- No adverse order should be passed against a party without hearing it...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought to elaborate the pleadings which are already pleaded in the written statement by adding legal pleas, that (a) suit is hit by O.2.R.2 CPC; (b) suit is barred by limitation; (c) that they have perfected their title by adverse possession - Defendants have not withdrawn any..........
Adverse possession -- Suit for declaration of title on the basis of adverse possession against Government - Pleadings of plaintiffs are contrary and it is not clear whether they have claimed title on the basis of adverse possession which is not proved or have claimed title on the basis of any previous title on the basis of any previous title of his predecessor - No..........
Specific Relief Act, 1963, Section 39 -- Suit for mandatory injunction against State - Limitation - Since State cannot take plea of adverse possession therefore, plea of limitation cannot be taken by State - Suit not barred by limitation...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - If wife declines to cohabit with husband by forcing him to live in a separate room, she deprives him of his conjugal rights, which will have an adverse impact on his mental and physical well being which will amount to both physical and mental cruelty - Divorce granted...........
Custody of child -- Claimed by mother - Father of child died in road accident - Child is in custody of his grandparents/respondents - He is a minor child aged about one and a half years - Mother is natural guardian of minor child according to S.6 of Hindu Minority and Guardianship Act - Respondent who is grandfather of child is aged about 61 years, is class 8th passed and..........
