Adverse possession -- Co-sharer - There can be no adverse possession against co-sharer in the absence of ouster - Mere contesting mutation of right to title is no ouster - Purchaser from a co-sharer also becomes and remains a co-sharer...........
Adverse possession -- Merely because a person is in possession of immovable property for a period of more than 12 years, he cannot acquire title to said property unless he pleads and proves that he perfected his title by adverse possession...........
Adverse possession -- Pleas based on title and adverse possession are mutually inconsistent and the latter does not begin to operate until the former is renounced...........
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..........
Adverse possession -- Time spent in adjudication of suit and appeal whether arrests the running of time for the purpose of adverse possession : (1) When a person entitled to possession does not bring a suit against the person in adverse possession within the time prescribed by law his right to possession is extinguished - From this it only follows that if the former..........
Limitation Act, 1963, Section 28, Article 64, 66, 67 -- Adverse possession - Time for acquiring title - Suspension of - Appellant had filed suit for eviction - Relief sought in plaint was for delivery of possession - Held, after institution of suit, time for acquiring title by adverse possession has been arrested or remained in a state of suspension till entire proceedings..........
Criminal Procedure Code, 1973, Section 157 -- Delay in forwarding FIR to Magistrate - Delay by itself does not render the prosecution case doubtful - If the delay is reasonably explained no adverse inference can be drawn against the prosecution...........
Civil Procedure Code, 1908, Order 32, Rule 1 -- Suit by minor through next friend - When next friend has no interest adverse to minor then there is no basis to question the eligibility of next friend - Next friend need not necessarily to be a guardian and therefore provision of S.11 of Hindu Minority and Guardianship Act has no application as the same deals with..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Deceased informed her parents whenever she was maltreated by accused on the ground of bringing insufficient dowry - Report for maltreatment not lodged as deceased and her parents did not want to make things public - Held, non lodging of report with the police before her death that she was subjected to..........
Adverse possession -- Co-owners - Possession of one co-heir is possession of all the co-heirs - Co-heir in possession cannot render his possession adverse to other co-heir not in possession, merely by any secret hostile animus, on his own part in derogation of other co-heirs title - There must be evidence of open assertion of hostile title, coupled with exclusive..........
