Possession -- Suit for - Plaintiff has to prove his title and it is not necessary to prove that he was in possession within 12 years preceding the filing of the suit - Defendant if wants to defeat the plaintiff's claim has to establish his title by adverse possession...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 11 -- Question of proving title over suit land - Plaintiff has to succeed in the matter of ownership on the basis of his title and irrespective of the fact that his adversary is owner or not - Once plaintiff has failed to prove himself as owner - Suit has to be dismissed - Plaintiffs never recorded to be..........
Criminal Procedure Code, 1973, Section 452, Indian Penal Code, 1860, Section 405, 406 -- Revolver deposited with arms dealer who unauthorisedly sold the same to third party - Proceedings for criminal breach of trust instituted - Seizure of revolver from third party - Death of arms dealer during pendency of trial and consequent abatement of criminal proceedings - Held, on..........
Civil Procedure Code, 1908, Section 92, 11 -- Representative suit - Binds not only the parties named in the suit title but all those who share common interest and are interested in the trust - Explanation VI to S.11 constructively bars by res judicata the entire body of interested persons from re-agitating the matters directly and substantially in issue in an earlier suit..........
Sikh Gurdwaras Act, 1925, Section 7(1), 8, 9, 10, 14, 16(2), 18(1)(g), Civil Procedure Code, 1908, Section 92, 11 -- Petition that institution is a Sikh Gurdwara - In an earlier civil suit u/s 92 CPC it was held that Nirmalas are not Sikhs and that Dera was maintained for an entirely distinct sect known as Nirmalas Sadhus who cannot be regarded as Sikhs and that mere fact..........
Himachal Pradesh Ceiling on Land Holdings Rules, 1973, Section 17 -- Applicable only if any person after 24.1.1971 acquires any land by inheritance or bequest or gift from a person to whom he is an heir - Plea that every addition or reduction in number of members of a family requires redetermination of ceiling area of such a family - Not tenable as it would mean almost..........
Himachal Pradesh Ceiling on Land Holdings Rules, 1973, Section 17, 3, 4, 6, 8 -- Surplus area of landowner and his son has to be seen on the appointed day (24.1.1971) - Death of son issueless after appointed day - Title and. ownership of unit of son never stood vested in him and the extent of land of the unit of son has not devolved upon landowner on the death of his son..........
Adverse possession -- Long possession of more than 12 years without intention to possess the suit land adversely to the title of the plaintiff cannot result in acquisition of title by adverse possession. (Limitation Act, 1963, Art.65)...........
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..........
Consumer Protection Act, 1986, Section 2(1),(d) -- Consumer - The fees paid by petitioner to get the title as a licensed builder in accordance with the bye-laws relating to Municipal Corporation - The exercise of such function is equivalent to an act of watching over a law breaker and it is in this process, the function of the Corporation is to enforce the rules in respect..........
