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HIMACHAL PRADESH HIGH COURT

Year of decision: 0199
Details

Adverse possession -- Proof - It has to be established that it was peaceful, open, continuous, hostile, exclusive and to the knowledge of the true owner - The hostile character of the possession can be appreciated from the animus of the person setting up adverse possession...........

HIMACHAL PRADESH HIGH COURT

Year of decision: 0199
Details

Adverse possession -- Amongst co-sharers - In the case of co-owners the law requires to constitute ouster, proof of something more than mere exclusive possession and exclusive receipt of income - Alongwith exclusive possession, there must be a hostile, open denial and an open repudiation of other co-owner's right to the latter's knowledge - The co-owner, as such, in..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 0199
Details

Adverse possession -- Tenant - He is estopped from denying title of his landlord or set up a title in him without surrendering possession - 1975 PLJ 12 followed wherein held that merely because a tenant has stopped paying rent does not mean that he has ceased to be a tenant and even the setting up of a hostile title in himself by the tenant against his landlord does not..........

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