Adverse possession -- Mere long possession of defendant for a period of more than 12 years without intention to possess suit land adversely to title of plaintiff and to latter's knowledge - Cannot result in acquisition of title by defendant to encroached suit land - Animus to hold land adversely to title of true owner - Can be said to have started only when defendant..........
Specific Relief Act, 1963, Section 34, 37, 38 -- Suit for declaration and injunction - Appellant purchased land comprised in a particular survey number - Respondent purchased land comprised in another survey number adjoining appellants land - Allegation that respondent encroached into appellant's land - Appellant in possession of land more than measurement stated in survey..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Dispute regarding boundary of the land - As the main question relates to boundary dispute, it is appropriate and in the interest of justice to depute a Survey-knowing Commissioner for the purpose of measurement of the disputed land as well as the land of the plaintiff within the boundary wall and the land..........
Land Acquisition Act, 1894, Section 3A, 4 -- Non - survey of land - Pita that entire acquisition proceedings vitiated as Authorities have not conducted survey as required by Section 3 - A - Not tenable as specific details of land proposed to be acquired given in Notification under Section 4 and it is not possible to do so without conducting some survey...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Suit for declaration of title and injunction - Seventh defendant owning land in another Survey number filing application for appointment of Commissioner to fix the boundaries of his land and suit land - Dismissal of application on technical ground that it was not pressed for four years till the stage of arguments - Not proper..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner in appeal - Held, if evidence on record is sufficient to dispose of the appeal, there is no necessity of appointing a Survey-knowing Commissioner to survey and demarcate the suit land...........
Land Acquisition Act, 1894, Section 4, 18 -- Land acquisition - Compensation - Determination of market value - Nature of land - Advocate Commissioner who had gone to the spot after topographic survey reporting that land in question is similar as covered by another award Ex.A5 - Ex.A5 cannot be rejected altogether...........
Land Acquisition Act, 1894, Section 4(1) -- Non-publication of notification in locality - Notification legally bad irrespective of dispensing of provisions of Section 5-A under Section 17(4) - Object of publication of notification in locality - To enable employees of Government to enter upon land, make necessary survey and find out if land suitable for the purpose for..........
Land Acquisition Act, 1894, Section 4 -- Land described by survey numbers in notification under Section 4 - Requirement of law amply satisfied - Law does not require full particulars of land should be given. Where it was contended that it was incumbent on the Collector under Section 4 to specify the area and other details of the land to be acquired, field, in a..........
Land Acquisition Act, 1894, Section 4(1) -- Sufficient description of locality and land in Notification - Question of fact in each case - Only locality need be described with particularity. It is a question of fact in each case as to whether sufficient description of the locality and the land has been given in the Notification under Section 4(1). The law does not require..........