Civil Procedure Code, 1908, Section 100, Specific Relief Act, 1963, Section 38 -- Permanent injunction - Trial Court found that appellant failed to produce any evidence with regard to title over suit property - Suit property was a nazool property and its ownership vested in Punjab Govt. and was transferred in name of Improvement Trust - Possession was also delivered to..........
Adverse Possession -- One who claims his title on the basis of adverse possession, must show by clear and unequivocal evidence that his title was hostile to real owner and amounted to denial of his title to the property claimed - Such possession in denial of the true owner's title must be peaceful, open and continuous - Possession must be open and hostile enough to be..........
Limitation Act, 1963, Article 65 -- Adverse possession - Non user of property by owner even for long time would not effect title of owner unless claimant to adverse possession has asserted hostile title in denial of title of true owner peacefully, openly, continuously and for a continuous period of 12 years or more...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - No injunction can be granted against true owner - Plaintiff failed to prove agreement to sell as there was no privity of contract between plaintiff and owner of property - Plaintiff has no legal right or title over suit property - Since suit property is sold to defendant Nos.3 & 4 no injunction can be granted..........
Adverse Possession -- Concept of - Held, conception of adverse possession fundamentally contemplates a hostile possession by which there is a denial of title of true owner - By virtue of remaining in possession possessor takes an adverse stance to the title of true owner - A mere possession or user or permissive possession does not remotely come near the spectrum of..........
Possession -- A person in possession of property has to be believed as its owner and he can defend his title against the whole world except the true owner...........
Civil Procedure Code, 1908, Order 14, Rule 2, Limitation Act, 1963, Article 65 -- Adverse possession - Limitation - Framing of issue - Case of plaintiffs is that they are owners of suit plot - Defendants claimed that they are in possession of same and acquired title to it by adverse possession - Framing of issue of limitation - Held, since the suit based upon title is..........
Adverse Possession -- Proof - Defendants' case itself is that their adverse possession is open, exclusive and hostile plaintiffs from 03.05.1977, on which date plaintiffs filed private complaints against defendants - Contention that they are in continuous possession of schedule of properties from some years prior to 1977 and from then adverse possession should be counted..........
Suit for possession -- Maintainable against the whole world except the rightful owner - Suit for possession is not maintainable against the true owner...........
Evidence Act, 1872, Section 65, 66 -- Adverse possession - Plea of - Tenability - According to defendant No.1, he is not in possession of disputed property - He has sublet the property to defendant Nos.2 and 3 - Defendant Nos.2 and 3 have never contested the suit - They have not appeared in witness box to support case of defendant No.1 - No document of tenancy under..........
