Adverse possession -- Co-owners - No element of either adversity or/and hostility between two co-owners/brothers, because in a dispute of this nature where both parties are related to each other, possession of one is regarded to be possession of other unless facts show otherwise - Plea of adverse possession thus, negated...........
Rent and eviction -- Non-payment of rent - Co-owners - Once it is established that rent of demised premises stands paid by tenant to one or other co-sharers of demised premises then no interference is warranted on findings rendered by both Courts below - Eviction petition rightly dismissed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Plaintiff successfully proved prima facie case, balance of convenience and irreparable loss in his favour - Nothing has been brought on record to show that defendants are either owners or in possession over property in dispute - Interim injunction rightly granted in favour of plaintiff...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Enhancement - Appellant deserves the same relief as High Court in lead appeal enhancing compensation payable to all land owners in relation to their lands situated in different villages at more or less uniform rates - Order of High Court dismissing application for recall with prayer to enhance..........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24 - - Direction for determination of compensation - Land in question notified for acquisition 28 years ago - Appellant had put up construction over land without acquisition of said land putting public exchequer at risk - Petitioners have produced their title..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Non-disclosure of name of all co-owner or litigation between them - Does amount to concealment - As Rent Act requires discloser by landlord as per S.13(3)(a)(i) of the Act which nowhere requires non-disclosure of name of all co-owners or litigation between them is a concealment...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Dismissal of application - Both parties are owners of their respective adjoining khasra numbers - Encroachment by way of construction - Both parties would vacate the land if found encroaching in each others land - However, as petitioner is 108 years old, trial Court directed to ensure that revenue..........
Kerala Land Tax Act, 1961, Section 3(3), 5(2), Kerala Land Tax Rules, 1972, Rule 4 -- Suit for partition - Land tax - Where co-owners/co-sharers are duly allotted shares pursuant to a final decree of civil Court in a suit for partition, it is the statutory obligation of competent revenue officials to ensure basic land tax is collected from such persons who are considered..........
Hindu Succession Act, 1956, Section 8 -- Succession - Death of common ancestor - Property devolving upon Class-I or Class-II heirs - Such heirs would become absolute owners of property and such property would not be either Joint Hindu Family or coparcenary or ancestral in the hands of legal heirs in absence of any other evidence to this effect...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Rent and eviction - Family settlement, if any between co-owners cannot vest the tenant with any right...........
