Adverse possession -- Co-owners - Property purchased jointly by two brothers - Mutation entry in name of both - One brother continued to cultivate it as co-owner - No evidence showing either partition of suit property or sale of share by one to the other - Ouster not proved - Co-owner not entitled to claim title by adverse possession...........
Evidence Act, 1872, Section 61 -- Document - Proof - Once the document is proved then it is not obligatory upon that party to lead further evidence to prove the contents of the document - Onus is then on the other party to lead cogent and proper evidence, documentary or otherwise to show that the contents of the document were incorrect or that they have been in possession..........
Registration Act, 1908, Section 17(2) -- Unregistered sale deed - Not admissible in evidence - However it could be referred as explaining the nature and character of possession henceforth held by the party...........
Limitation Act, 1963, Article 65 -- Adverse possession - Permissible possession under an invalid document - Possession even under document inadmissible in evidence becomes adverse to the true owner especially when the possession is an indicator of ouster of the true owner - However, mere cutting of grass, tethering of cattle or dumping of rubbish is not sufficient to..........
Limitation Act, 1963, Article 65, Transfer of Property Act, 1882, Section 3(26) -- 'Nasban' rights in the trees - Trees attached to earth, except `standing timber' are immovable property - Principles of adverse possession are applicable to the `Nasban' rights to such trees...........
Haryana Panchayati Raj Act, 1994, Section 51(3), 175(1)(n) -- Removal of Panch finding him guilty of encroachment on Panchayat land - According to Section 175(1)(n) delinquent required to be in unauthorised possession on the date of passing of order or during the period of one year preceding the date of election - Order does not clarify the period of encroachment - Non -..........
Adverse possession -- Acquiescence - Defendant raising construction on land of plaintiff- Plaintiff filing suit for possession after a gap of 8 years - No evidence that plaintiff had knowledge of or did not object to construction being raised by defendant at any time - Held, that simply because plaintiff filed suit for possession after a gap of 8 years, doctrine of..........
Evidence Act, 1872, Section 3 -- Suit based on title - Plaintiff has to succeed or fail on the title he establishes and if he cannot succeed on the strength of his title his suit must fail notwithstanding that the defendant in possession has no title to the property...........
Probation of Offenders Act, 1958, Section 4, Essential Commodities Act, 1955, Section 7 --Haryana Prevention of Hoarding and Maintenance of Quality Order, 1977, Cl.9(1), Haryana Commodities Price Marketing and Display Order, 1975, Cls.3 & 4 - 760 litres of kerosene found in excess in possession of accused - Accused convicted and sentenced to 2 years R.I and fine of..........
Consumer Protection Act, 1986, Section 2(1),(c),12 -- Complaint - Second complaint - The appellant filed one complaint after another seeking relief for possession of the terrace - The earlier complaint dismissed by the District Forum on the ground that the proper Forum is the Civil Court for adjudicating the issue - No appeal filed against the said order and the said order..........
