Adverse possession -- Suit for declaration of title on the basis of adverse possession - Property in question was jointly owned by members of same family - Possession of plaintiffs was in a representative capacity being co-sharer - Merely because a particular co-sharer is not in possession and is residing out of village is not sufficient to prove ouster - Plaintiffs..........
Road widening project -- Directions issued to State or its instrumentalities i.e: (i) Ascertain the existing width of road in terms of official records/maps; (ii) Carry out a survey/demarcation to ascertain whether there is any encroachment on the existing road with reference to the existing records/maps; (iii) If an encroachment is found, issue a proper, written notice..........
Indian Penal Code, 1860, Section 376, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Rape - Victim is the only eye-witness to the alleged occurrence and she has supported the prosecution case - However, there is no medico legal examination report of victim on record - More so, when the victim was examined by doctors,..........
Indian Penal Code, 1860, Section 302, 316, 264 -- Murder of pregnant daughter by her father - Non-examination of independent witnesses by itself would not give rise to adverse inference against prosecution - It would only assume importance when evidence of eyewitness raises a serious doubt about their presence at the time of actual occurrence...........
Adverse possession -- Tenants or lessees cannot claim adverse possession against their landlord/lessor, as the nature of their possession is permissive in nature...........
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...........
