Adverse possession -- Merely putting cow dung cakes in a vacant piece of land does not prove exclusive adverse possession...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Prayer in the alternative for decree of possession - Suit dismissed on the ground that suit is merely for permanent injunction - Validity - Property is a vacant piece of land - Possession of a vacant piece of land always follows title - Both the Courts below have found that plaintiffs are owner pursuant to a..........
Adverse possession -- Plea of title and adverse possession - Plea of adverse possession is mutually destructive to plea of title - Unless defendants abandon one, they cannot rely on the other...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration and consequential relief of possession after evicting defendant - Title and possession of plaintiff proved on record - Plea of adverse possession and title over suit property taken by defendant not proved - Plaintiff declared as owner of property - Defendants directed to forthwith vacate and deliver possession..........
Evidence Act, 1872, Section 102 -- Burden of proof - Plea of ouster - Burden of making out ouster is on person claiming to displace lawful title of a co-heir by his adverse possession...........
Easements Act, 1882, Section 33 -- Violation of easementary rights - Suit for declaration and permanent prohibitory injunction - Plaintiff earlier filed suit in which plea of adverse possession was taken by her - Plea of easementary rights in the teeth of earlier suit in which plea of adverse possession was taken, is not available to her, as both the pleas are vertically..........
Evidence Act, 1872, Section 114 -- Adverse inference - Non appearance of a party as a witness - It is obligatory for Court to examine evidence which is already available on file before taking decision to draw adverse inference against party for no, appearance in evidence...........
Evidence Act, 1872, Section 114 -- Adverse inference - Non appearance of a party as a witness - Mere no, appearance of defendants in Court for orally deposing in witness box is not sufficient to draw adverse inference against them, particularly when entire case of defendants is based upon documents which is filed by defendants...........
Adverse possession -- It is not a pure question of law but a blended one of fact and law...........
Adverse possession -- Mere possession of suit land for long time is not suffice to hold as to title perfected by way of adverse possession, unless classical requirements of adverse possession are pleaded and proved...........
