Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaintiff when makes out a case within limitation by claiming relief of injunction on the plea that his possession was sought to be disturbed by the defendant, Court could not have rejected the plaint - It is a question to be adjudicated on merits as to whether plaintiff is entitled to relief claimed,..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Land allotted to petitioner in 1952 during consolidation proceedings - Petitioner filed application in the year 2006 contending that land owned by him was wrongly shown in possession of central Govt. - Application dismissed on ground of laches - Held, even if a statute does not..........
Suit for possession -- Limitation - Passing of title to plaintiff stands proved more so, when defendant himself had specifically denied his ownership in witness box - Plaintiff proved his title and as adverse possession has not been proved and as it is further not proved that defendant was in possession since before January 1978 - Trial Court rightly held that suit not..........
Specific Relief Act, 1963, Section 39, Limitation Act, 1963, Article 65 -- Suit for mandatory and permanent injunction - Plea of limitation - Maintainability - Once it is found that defendants were not in adverse possession of suit land - Suit cannot be dismissed on ground of limitation...........
Consumer Protection Act, 1986, Section 24A -- Limitation - Shop allotment - Possession of premises handed over in the year 1997 - No convincing reason adduced by the petitioner for having filed consumer complaint after a lapse of 8 years - The order passed by the State Commission dismissing the complaint does not suffer from any illegality calling for interference...........
Haryana Urban Development Authority Act, 1977, Section 42 -- Plot allotted on 19.12.2003 - Possession delivered on 25.09.2006 - Building plan not submitted within 3 years and thus rejected - Letter of offer of possession not dispatched as per requirement of Section 42 - Held, limitation of three years to submit building plan will commence from the date of delivery of..........
Adverse possession -- Law as to - Needs a change as law of adverse possession deprives the ownership of a person merely for inaction within limitation - The law at present is extremely harsh for the true owner and a windfall for a dishonest person who had illegally taken possession of the property of the true owner - Law should not benefit a person who takes possession of..........
Adverse possession -- A person claiming adverse possession should show : (a) on what date he came into possession; (b) what was the nature of his possession; (c) whether the factum of possession was known to the other party; (d) how long his possession has continued, and (e) his possession was open and undisturbed - A person pleading adverse possession has no equities in..........
Adverse possession -- Absence of pleading and issues - Trial Court decreed the suit on ground of adverse possession - First Appellate Court set aside the judgment being erroneous and unsustainable and upheld by High Court - Findings of first appellate Court and High Court upheld. (Limitation Act, 1963, Art.65)...........
Adverse possession -- Must be adequate in continuity, in publicity and in extent to show that it is possession adverse to the competitor. (Limitation Act, 1963, Art.65)...........
