Adverse possession -- Suit for declaration of title - Defendant in possession of suit property since 1997-1998 - Suit filed in 2000, cannot create any right in favour of defendant, as period is less than 12 years - Plea of adverse possession rejected...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Defendant contended that mutation of suit property is in his favour - However, defendant failed to produce certified copy of mutation register - Plea taken by plaintiffs is found trustworthy that defendant is neither in legal possession of suit property nor same was validly mutated in his name - Suit..........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction - Simpliciter suit for injunction is not maintainable when plaintiff did not add relief of declaration as defendants had set up title in themselves on the basis of Will...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Relief of declaration of title sought by way of amendment of plaint - However, cause of action for seeking declaratory relief of title to suit property arose in 2008 and amendment sought after more than 8 years from denial of title - Action on the part of plaintiffs thus,..........
Possession -- When it becomes necessary for Trial Court to determine what is status of property and when possession is not disputed, who and in what part of suit property is in possession other than defendant, thus, Court may take recourse to following actions: (i) Issue commission under O.26.R.9 CPC: A determination through commission, upon institution of a suit shall..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and permanent injunction - Both the parties claiming title of suit properties - However, property in respect of which defendant claims title is totally different from properties in respect of which suit has been instituted - Trial Court after considering evidence held that dispute between parties..........
Registered deed -- Unilateral cancellation of registered deed - Once a registered deed is executed in favour of a party, original owner is divested of title to property - Executant cannot take a U turn and subsequently cancel the same unilaterally - If executant is aggrieved, only remedy available for him/her is to approach competent civil Court by way of a suit seeking..........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 10 -- Eviction petition - Once jural relationship established between tenant and landlord, question of title with regard to the petition premises does not arise...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for Mandatory injunction - Title of plaintiff over suit property is not admitted by defendant - Even, plaint does not disclose as to how plaintiff acquired title over property in question - Specific case of defendant in written statement is that he became owner of part of suit property under..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Barred by limitation - Plea of adverse possession taken by defendant - However, defendant failed to prove that he perfected his title over suit property by continuous and undisturbed possession over same for more than statutory period - Suit filed by plaintiffs not barred by..........
