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...........
Adverse possession -- Date of entry into suit land was not mentioned - In encroachment case, plaintiff prayed for settlement of land in his favour - Element of hostile animus is thus absent - Courts below perfectly justified in holding that plaintiff failed to substantiate his case - Plea of adverse possession not proved...........
Adverse possession -- There cannot be any question of adverse possession unless the same is capable of giving notice of possession in a hostile manner in derogation of the right of the lawful owner...........
Adverse possession -- Holding of property in secrecy will not satisfy one of crucial ingredients which constitute possession adverse to title of landlord - It must be capable of giving notice to all concerned or interested person and it should be open and hostile...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Plea of adverse possession by way of amendment is not permissible, as it is mutually inconsistent with original plea of title set up by defendant in her written statement by way of purchase of suit property - Application rightly dismissed...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 114 -- Dishonour of cheque - Non-examination of complainant - Adverse inference - Complainant executed power of attorney in favour of his daughter/PW1 - Accused not disputed the genuineness of power of attorney - Evidence of PW1 shows that she had personal knowledge about transaction which took..........
Evidence Act, 1872, Section 112 -- DNA Test - Paternity of children - Divorce proceedings pending between parties on the ground of adultery/infidelity - Husband prayed for DNA test of three major children who are not party to original proceeding - However, children are not cooperating with DNA test on ground of privacy, reputation and dignity - Children cannot be compelled..........
Adverse possession -- By pleading adverse possession a party admits initial title of opposite party, which however is said to have extinguished...........
Adverse possession -- Plaintiffs admitted title of defendants by specifically pleading adverse possession in their plaint - However, evidence on record is not enough to prove open hostile possession of plaintiffs over suit property for statutory period or extinction of same - Neither intention to hold property with hostile animus nor period of possession is proved by..........
Civil Procedure Code, 1908, Order 8, Rule 5 -- Written statement - Specific denial - Suit for declaration - Defendant in his written statement clearly denied the possession and title of plaintiffs - Moreover, by pleading adverse possession plaintiffs have themselves admitted title of defendants, which is not extinguished - Objection raised by plaintiffs that there is no..........
