Adverse possession -- Mere long possession cannot establish ownership by way of adverse possession - Defendants are required to establish their hostile possession by clearly asserting their hostile title in denial to the title of true owners and such possession must be proved to be peaceful, open, continuous in publicly and must start with a wrongful disposition of true..........
Adverse possession -- Permissive possession - Person coming in permissive possession cannot claim adverse possession howsoever long it may be - Permissive possession to become adverse must be established by cogent and convincing evidence to show hostile animus and possession adverse to the knowledge of true owner - Mere possession for howsoever length of time does not..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Co-owners, joint-owners - (i) a co-owner is not entitled to an injunction restraining another co-owner from exceeding his rights in the common property absolutely and simply because he is a co-owner unless any act of the person in possession of the property amounts to ouster prejudicial or adverse..........
Land Acquisition Act, 1894, Section 4, 48 -- Land acquisition - Interest - Land owner is not entitled to interest from date of dispossession to the date of notification u/s 4(1) of the Act - However, land owner is entitled to rent or damages for use and occupation - Respondents awarded additional interest by way of damages, at 15% p.a. on the amount awarded by Land..........
Limitation Act, 1963, Section 27 -- Extinguishment of right - Suit for possession - Plea of adverse possession - Possession of defendant found to be not in any way adverse to true owner - Non-filing of suit within period of 12 years thus, cannot lead to extinguishment of right, title and interest of true owner by operation of provision of S.27 of the Act...........
Adverse possession -- Amongst co-sharers - Plaintiff in possession - No legal and acceptable evidence that their possession was hostile and had ripened into title - Possession was on behalf of each and every co-sharer - Held, plaintiff cannot seek declaration to the effect that he has become owner of suit land by way of adverse possession...........
Rent and Eviction -- Co-owner - Eviction suit - One of several co-owners can maintain a suit for eviction...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Eviction suit - Death of plaintiff - One of the sons of plaintiff already substituted on the basis of Will - Petitioner is another son of plaintiff, who is seeking impleadment on the ground that property is ancestral property and he is a co-owner - Will in question has not been set aside till date -..........
Partition -- Second appeal - Suit decreed by revenue court and declared plaintiff as exclusive owner of disputed agricultural property - Sale deed executed by defendant thereafter would automatically become ineffective as no one can pass better title than he himself possesses...........
Partition suit -- Defence of ouster - Ouster is a weak defence in a suit for partition of family property - It is strong if defendant is able to establish consistent and open assertion of denial of title, long and uninterrupted possession and exercise of right of exclusive ownership openly and to the knowledge of other co-owner...........
