Limitation Act, 1963, Article 65 -- Suit for possession based on tile - Limitation - Starting point - Starting point of limitation does not commence from the date when the right of ownership arises to the plaintiff, but it commences from the date when the defendant's possession becomes adverse...........
Possession -- Plea of adverse possession negated in the previous suit - Possession of defendants held to be that of a co-sharer - Question as to whether present suit for possession on basis of title is to be filed within 12 years of asserting adverse possession in the previous suit - Held, No - Mere assertion of adverse possession is not sufficient to confer title - Once..........
Adverse possession -- Co-sharers - Possession of one co-sharer is possession of all the co-sharers - In the case of co-sharers, mere length of possession of one co-sharer does not give any title to the co-sharer in possession...........
Limitation Act, 1963, Article 65 -- Suit for possession based on title - Starting point for limitation does not commence from the date when the right of ownership arises to the plaintiff, but it commences from the date when the defendant's possession become adverse...........
Adverse Possession -- Once the plea of adverse possession declined in the previous suit, it cannot be raised in the subsequent suit between the parties...........
Co-sharer -- Possession of one co-sharer is possession of all the co-sharers - Mere length of possession of one co-sharer would not give any title to the co-sharer in possession...........
Limitation Act, 1963, Article 65 -- Adverse possession - Plea of adverse possession negated in the earlier suit - In subsequent suit for possession on the basis of title, the defedant cannot be permitted to raise plea of adverse possession - Courts below erred in holding that the suit for possession had to be filed within 12 years in view of the assertion of defedant in..........
Constitution of India, 1950, Article 226, 227, Land Acquisition Act, 1894, Section 5A -- Writ of mandamus for directions to forebear from taking possession of land acquired ` Objections u/s 5A not filed - Reference u/s 18 filed - Owner died during pendency of reference - Part of compensation taken by owner ` Enhanced amount of compensation taken by the Legal..........
Evidence Act, 1872, Section 114, Indian Penal Code, 1860, Section 302 -- A person found to be in possession of property belonging to deceased - Presumption may be in respect of commission of theft or receipt of stolen property - On such presumption alone accused cannot be convicted for the offence of murder particularly when on the same evidence other persons had been..........
Consent decree -- Challenge as to - Plaintiff (Defendant in the previous suit) in cultivating possession at the time of passing of decree - Beneficiaries of decree nephews - Plaintiff used to live with the defendants and the last rites also performed by defendants - Held, cultivation of land by plaintiff after the decree does not create doubt over the decree passed...........
