Adverse possession -- Perfection of title by adverse possession - In case of infringement of any of his rights a plaintiff who has perfected his title by adverse possession, can sue and maintain a suit...........
Adverse possession -- Perfection of title by adverse possession - Once the right, title or interest is acquired it can be used as a sword by plaintiff as well as a shield by the defendant within ken of Article 65 of Limitation Act and any person who has perfected title by way of adverse possession can file a suit for restoration of possession in case of dispossession...........
Adverse possession -- It is heritable and there can be tacking of adverse possession by two or more persons as the right is transmissible one...........
Adverse possession -- Perfection of title by adverse possession - A person in possession cannot be ousted by another except by due procedure of law and once 12 years period of adverse possession is over, even owner's right to eject him is lost and the possessory owner acquires right, title and interest possessed by the outgoing person/owner as the case may be against whom..........
Adverse possession -- Perfection of title by adverse possession - By perfection of title on extinguishment of owner's title, a person cannot be remediless - In case he has been dispossessed by the owner after having lost the right by adverse possession, he can be evicted by plaintiff by taking plea of adverse possession...........
Trespasser -- Trespasser's long possession is not synonym with adverse possession - Trespasser's possession is construed to be on behalf of the owner - Casual user does not constitute adverse possession - Owner can take possession from a trespasser at any point of time...........
Adverse possession -- Cannot be decreed on a title which is not pleaded...........
Adverse possession -- Joint possession/co-owner possession is not presumed to be adverse...........
Adverse possession -- Land reserved for public utility - It would be advisable that concerning such properties dedicated to public cause, it is made clear in the statute of limitation, that no rights can accrue by adverse possession...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Accused and complainant known to each other and accused borrowed loan of Rs.1 lakh from complainant - Complainant is income tax assessee - However, no document forthcoming from side of complainant to show that he had source of income and capacity to lend Rs.1 lakh to accused -..........
