Adverse possession -- Tenant if occupies land adjacent to the lease property, he cannot claim adverse possession thereto because he entered the property as a tenant. (Limitation Act, 1963, Art.65)...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Change of user - Shop to godown - Adverse inference drawn against tenant for not producing documents viz. the books of accounts, bills regarding sale and purchase of clothes and the licence under the Shop Act which were in possession of the tenant which could have established that tenant was using the premises as..........
Rent and Eviction -- Rent - Rate of - Defendant running a school in the building and account books maintained in which entries made about payment of rent - Though burden to prove rate of rent lies on plaintiff but person who is in possession of best evidence is obliged under law to produce the same - Non production of accounts maintained by defendant-tenant would entail..........
Sikh Gurdwaras Act, 1925, Section 28, Limitation Act, 1963, Article 64, 65 -- Suit for possession of undisputed property - Limitation of 90 days provided in S.28(1) to file suit for recovery of possession does not apply to a case where suit is on ground of dispossession of Gurdawara - For such a case limitation prescribed under the Limitation Act would apply - Property in..........
Specific Relief Act, 1963, Section 38 -- Suit for injunction - It is not proved on record that defendant was in adverse possession - His possession was permissive either in status of a tenant or in status of heir of a tenant - It is not established on record that plaintiffs were in possession of property on date of institution of suit - Held, suit for injunction is not..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Bona fides of claim - Plaintiff having taken the stand of ownership by adverse possession seeking amendment claiming to be tenant - Cannot be permitted to completely alter his original case and take defendant by totally new and distinctive cause of action - Amendment sought after two years of institution..........
Limitation Act, 1963, Article 64 -- Adverse possession - Suit for possession on basis of title and defendant was tenant/unauthorised occupant - Defendant raising plea that he is in possession for more than 30 years and plaintiff not landlord - Title not proved - Evidence that defendants predecessor accepted plaintiff as landlord by endorsement in municipal record -..........
Transfer of Property Act, 1882, Section 108 -- Encroachment by tenant of adjoining vacant land of landlord - Presumption is that land encroached upon are added to tenure for benefit of tenant so long as tenancy continues - Tenant cannot acquire title to encroached land by adverse possession but obtain only right of tenancy under landlord - Tenant is obliged to hand over..........
Adverse possession -- A tenant can never claim adverse possession against the true owner...........
Specific Relief Act, 1963, Section 36, 37 -- Injunction against true owner - Title claimed on the basis of adverse possession - A tenant can never claim adverse possession against the true owner - Defendant proved by oral as well as documentary evidence his title and ownership - Concurrent findings of fact recorded by both the Courts below against the plaintiff on proper..........
