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Showing : 131-140 of 8890 Results

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2024
Details

Adverse possession -- Plaintiff claiming adverse possession is required to prove the same - If plaintiff fails to prove his adverse possession then adverse inference has to be drawn against plaintiff...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2024
Details

Adverse possession -- Plaintiff claiming his adverse possession since 1960 - Defendant produced Khasra Girdawaries from 1963-64 to prove possession of father of plaintiff in revenue record as tenant - Copies of khasra girdawaries may not carry the presumption of correctness, however they still form a part of official record - PW3 who is plaintiffs witness admitted in cross..........

RAJASTHAN HIGH COURT

Year of decision: 2024
Details

Civil Procedure Code, 1908, Section 11 -- Res judicata - Earlier simple suit for injunction was filed and subsequent suit is for declaration - Issue regarding ownership and possession decided against one `S' in earlier suit - Plaintiff in subsequent suit being purchaser of said property from said `S' would definitely be bound by the same - He cannot be permitted to set up..........

SUPREME COURT OF INDIA

Year of decision: 2024
Details

Adverse possession -- Tenants - Possession of tenants cannot be adverse as their possession is permissible in nature and not adverse...........

MADRAS HIGH COURT

Year of decision: 2024
Details

Transfer of Property Act, 1882, Section 53A -- Protection u/s 53-A of the Act - Agreement to sell - Un-registered agreement was entered into in between defendant and original owner - Though defendant was put in possession but he failed to pay balance sale consideration and as such no sale deed was executed in his favour - Defendant not entitled to have protection u/s 53-A..........

MADRAS HIGH COURT

Year of decision: 2024
Details

Specific Relief Act, 1963, Section 34 -- Suit for declaration of title and recovery of possession - Plaintiff purchased the suit properties by registered sale deed - He thus, categorically proved his case as regarding title of suit property - In so far as possession is concerned, though defendant was put in possession on basis of agreement of sell but since he failed to..........

PATNA HIGH COURT

Year of decision: 2024
Details

Indian Penal Code, 1860, Section 302, 34 -- Double murder case - Names of accused had transpired only when two of them were arrested by police in connection with secret information of they being in possession of fire-arms - Accused were arrested on suspicion and from their possession firearms were recovered - It was only after their arrest that PW1 stated that she had seen..........

SUPREME COURT OF INDIA

Year of decision: 2024
Details

Civil Procedure Code, 1908, Order 7, Rule 3 -- Description of property - Suit for possession has to describe the property in question with accuracy and all details of measurement and boundaries - In the absence of the same, suit would be liable to be dismissed on the ground of its identifiability...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2023
Details

Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Local Commissioner cannot be appointed to find out as to who is in possession and who has encroached the property in question and to what extent, as said matter is to be decided by Court on the basis of oral and documentary evidence to be adduced by parties - Application rightly dismissed...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2023
Details

Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Local Commissioner cannot be appointed to find out as to who is in possession and who has encroached the property in question and to what extent, as said matter is to be decided by Court on the basis of oral and documentary evidence to be adduced by parties - Application rightly dismissed...........

Showing : 131-140 of 8890 Results