Specific Relief Act, 1963, Section 38 -- Permanent injunction - Plaintiffs were in possession of suit property as on date of filing of suit - Defendants admitted said fact in their written statement - Moreover, defendants do not claim title for suit property - It is therefore, not possible for Court to presume possession in favour of defendants - Findings of Lower..........
Civil Procedure Code, 1908, Order 18, Rule 17, 18 -- Suit for possession on the basis of title - Original title deeds seized by police - Summoning of original title deeds to prove photocopies thereof sought at the stage of final arguments - To avoid gross injustice, one opportunity granted to petitioner to prove her title deeds in accordance with the provisions of Evidence..........
Suit for recovery of possession based on title -- Limitation - There is no limitation to seek possession of property on the basis of title...........
Adverse possession -- Suit for declaration of title on the basis of adverse possession - Suit is not maintainable - Plea of adverse possession cannot be made as weapon of offence, rather said plea is available to party in defence - Moreover, once plea of adverse possession has been set up by plaintiffs, it pre-supposes the ownership of defendants over the suit land - Since..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration, joint possession and permanent injunction - Maintainability - Defendants acquiring estate of deceased on basis of Will executed by him - Although execution of Will has been proved by defendants no.1, but deceased could not bequeath more than 1/3rd of his share without consent of plaintiff and defendant no.4..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration claiming title by succession - Amendment sought to incorporate plea of adverse possession - Amendment sought changes the very nature of suit by claiming title on the basis of adverse possession and abandoning earlier plea of title by succession - Order allowing amendment, set aside...........
Civil Procedure Code, 1908, Section 11 -- Res-judicata - Dismissal of application u/s 11 CPC - Issue not to be collateral or incidental - Material test to be applied is whether the Court considers the adjudication of the said issue material and essential for its decision - Whether the issue was directly and substantially involved or incidentally involved is a question of..........
Himachal Pradesh Land Revenue Act, 1953, Section 134 - - Partition - Delivery of possession - A person can apply for delivery of possession within three years from the date of preparation of instrument of partition - If possession is not delivered within three years by revenue Court qua partition land then aggrieved person can file a suit for possession on the basis of..........
Possession -- Suit for possession on the basis of title - Suit land allotted to plaintiff in partition proceedings which attained the stage of finality - Title accrued in favour of plaintiff qua suit land after partition proceedings and the same u, rebutted on record - Defendant did not plead adverse possession over suit land - Status of defendant as co-owner is..........
Adverse possession -- Suit by plaintiff for declaration of title on the basis of adverse possession is not maintainable - Plea of adverse possession is available only to defendant by virtue of Art.65 of Limitation Act...........
