Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and permanent injunction - Plaintiff claims title over suit property by way of oral partition before 50 years ago - Patta was issued in the name of plaintiff on basis of said oral partition - However, no revenue document was produced to prove his possession for past 50 years - Plaintiff not entitled..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Identification and measurement of property - Injunction suit - Defendant specifically denied identity and measurement of property in written statement - However, defendant stated that there is no controversy as regards identification, location and measurement of property - Stand of defendant is in..........
Adverse remarks -- Expunging of - Absence of dishonest intention or extraneous motive - Offending portion touching conduct of appellant ordered to be struck down and expunged...........
Adverse possession -- Plea of continuous possession - No plea that such possession was hostile to the true owner - Evidence of defendants of continuous possession - Some of the receipts pertain to 1963 but possession since November, 1963 till the filing of suit will not ripe into title as defendants never admitted plaintiff to be owner or that the land ever vested with..........
Adverse possession -- Plea of adverse possession by tenant - Withdrawal of plea of adverse possession by tenant - Held, tenant having asserted his adverse possession, qua, the `premises in suit', his ostensible tenancy rights in the `premises in suit' disappeared into thin air and provisions of Rent Act ceased to apply to the suit property - Remedy of landlord lay before..........
Adverse possession -- Plea of adverse possession by tenant - Once tenant claims to be in adverse possession of premises, he cannot allege himself to be tenant as both these pleas cannot exist together - Principle of once a tenant always a tenant ends on taking plea of adverse possession and asserting one's own right...........
Adverse possession -- Plea of adverse possession by tenant - Principle once a tenant always a tenant ends on taking plea of adverse possession and asserting one's own right...........
Adverse possession -- Plea of adverse possession by tenant - When plea of adverse possession is raised by a tenant, assuming the title in himself against the real owner and once a notice to determine lease, per S.111(g) of Transfer of Property Act is given, tenant cannot allege ouster of jurisdiction of civil Court...........
Adverse possession -- Suit for declaration on plea of adverse possession - There is admission that defendant is the real owner - Plea of adverse possession only lie against the real owner of property...........
Rent and Eviction -- Plea of adverse possession by tenant - Principle of once a tenant always a tenant ends on taking plea of adverse possession and asserting one's own right...........
