Adverse possession -- Mere possession of suit land of long time is not suffice to hold plaintiffs have perfected title by way of adverse possession, unless classical requirements of adverse possession nec vi, nec clam, nec precario are pleaded and proved...........
Adverse possession -- Plea of adverse possession and title are mutually inconsistent...........
Registration Act, 1908, Section 49 - - U, registered release deed - Admissibility - Collateral purpose - Defendants intended to mark the document to prove their possession which is for collateral purpose - However, it is nowhere mentioned in release deed that possession of properties are with defendants - Defendants not even sought relief of adverse possession - They only..........
Family Courts Act, 1984, Section 14 -- Proof of document - A document merely marked with or without consent of opposite party in a proceeding before a Family Court is no proof at all unless the contents thereof are either admitted by adverse party or proved through the persons who can vouch for the truth of the facts...........
Evidence Act, 1872, Section 114 -- Adverse inference - Murder case - Two witnesses of incident but they did not intervened due to fear - No adverse inference to be drawn against them...........
Constitution of India, 1950, Article 226, 227, Commission of Inquiry Act, 1952, Section 8B, 5 -- Enquiry by Commission - Publication of inquiry report in violation of principles of natural justice - Challenge as to - Conduct of the petitioner as Minister in charge of Town and Country Planning in issuing licenses for colonization, change of land use, etc. was in question -..........
Adverse possession -- No specific date on which possession became adverse possession alleged in plaint - To succeed in a claim based on adverse possession, plaintiff has to specifically aver date wherefrom his possession was open and hostile and it continued as such for continuous period required for perfecting rights thereby...........
Adverse possession -- Claimed relying upon an entry of class 9 made in the year 1966 by Lekhpal - Such entry in Class 9 not made in accordance with procedure prescribed therefor in the Land Records Manual - Entry not made in red ink - Neither issuance of notice in PA 10 to the recorded tenure holder been established - Entry of Class 9 in Revenue Record rightly ignored...........
Adverse possession -- Claim based on adverse possession cannot be raised by plaintiff - It is merely a defence which can be used as a shield by defendant - Suit filed by plaintiff on the basis of adverse possession is not maintainable...........
Adverse possession -- Suit for declaration of ownership on the basis of adverse possession - Plaintiff cannot seek such a declaration - Adverse possession can be pleaded in defence by a defendant. (Specific Relief Act, 1963, S.34)...........
