Adverse possession -- Mere wrong possession of defendant for a period more than 12 years without intention to possess the suit land adversely to the title of plaintiff and too little knowledge cannot result an acquisition of title by defendant to encroached suit land...........
Civil Procedure Code, 1908, Order 16, Rule 1(2) -- Summoning of witness - Suit for declaration of title - All material evidence to decide the title of both the parties is very much essential - Serious dispute about tampering of revenue record basing on which defendant sets up title - Record sought to be summoned and evidence of Tehsildar are very much vital - Order..........
Mutation -- Mutation entries in revenue record are only for a fiscal purpose and does not create any title/ownership right in favour of person in whose name mutation entry has been made...........
Adverse possession -- Plea of adverse possession is available not only as a defence when title is questioned, but is also available as a claim to a person who has perfected his title...........
Adverse possession -- Possession must be open, clear, continuous and hostile to the claim or possession of the other party - All three classic requirements must coexist i.e., adequate in continuity, adequate in publicity; and adverse to a competitor, in denial of title and knowledge...........
Adverse possession -- When land is subject of proceedings wherein adverse possession has been claimed, belongs to Government, Court is duty-bound to act with greater seriousness, effectiveness, care and circumspection as it may lead to destruction of a right/title of the State to immovable property...........
Adverse possession -- Claim of independent title and adverse possession at the same time amount to contradictory pleas...........
Adverse possession -- Govt. property - Length of possession of respondents calculated on the basis of estimated age of tress on such land - An estimation of age of trees cannot by any stretch termed as sufficient proof required to disturb the title that undisputedly rests with Government - Proper and concrete proof is required to show proof of possession other than..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Unilateral cancellation of sale deed by defendant no.1 - Entire right, title and interest of defendant no.1 in suit property has been transferred to plaintiff vide sale deed - Plaintiff has taken over suit properties with liabilities as set out in sale deed - Unilateral cancellation of sale deed not binding on..........
Adverse possession -- Proof of long standing unauthorized possession can only be a relevant trait for consideration of plea for acquisition of title by adverse possession but cannot be sole criteria - In case of failure to prove adverse possession, any other form of possession howsoever, long, cannot be held sufficient to non-suit plaintiff in his prayer for possession of..........