Transfer of Property Act, 1882, Section 51 -- Scope - Applicability of the provision - In order to attract the provision occupant of land must have held possession under colour of title, his possession must not have been by mere possession of another but adverse to the title of the true owner and he must be under the bone fide belief that he has secured good title to the..........
Transfer of Property Act, 1882, Section 51 -- Encroachment of land - Structures made thereon, in absence of any title, at own risk - Encroacher cannot be treated as a `transferee' within the meaning of S.51 of TPA - Benefit of S.51 of the Act, thus cannot be given to encroacher...........
Evidence Act, 1872, Section 115 -- Principle of acquiescence - Acquiescence would not apply if lapse of time is of no importance or consequence...........
Evidence Act, 1872, Section 115 -- Principle of acquiescence - Mere delay in instituting the suit especially when it was filed well within period of limitation prescribed, should not have been held as amounting to acquiescence...........
Evidence Act, 1872, Section 115 -- Principle of acquiescence or estoppel - Suit for recovery of possession - Concurrent findings on record that defendant was encroacher and objection was raised by plaintiff against construction - Plaintiff should not have shut out by rule of acquiescence or estoppel for having made a representation to make defendant to believe that she had..........
Suit for recovery of possession -- Encroachment - Mere fact that after making objection plaintiff took some reasonable time to approach Court for recovery of possession cannot be a reason to deny him relief of recovery of possession of encroached land on his establishing his title over it - Suit rightly decreed...........
Constitution of India, 1950, Article 136 -- Appeal - Concurrent finding of fact does not call for interference in an appeal u/art 136 of Constitution in the absence of any valid ground for interference...........
