Adverse possession -- Co-owner - To constitute adverse possession of a co-owner there should be conclusive evidence on record that he has been denying the rights of other co-owners asserting his hostile title by exclusive possession and enjoyment to the knowledge of other co-owners so as to constitute their ouster. (Limitation Act, 1963, Art.65)..........
Adverse possession -- Possession proved must be definite, in continuity, in publicity and in extent so as to show that it is adverse to the true owner - The requirements of acquisition of title by adverse possession are that such possession is in denial of the true owner's title, must be peaceful open and continuous for the statutory period. (Limitation Act, 1963, Art.65)..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 97, 98 -- Execution - Resistance to possession - Appellant claimed independent right, title and interest and revised execution - Application U.O.21 R.97 - Court is enjoined to adjudicate claim and record a finding allowing or rejecting claim...........
Benami Transactions (Prohibition) Act, 1988, Section 4, 7 -- Petitioner as an agent and power-of-attorney purchased the property but got his name entered in the sale certificate, fraudulently and without consent and knowledge of the principal - Held, title to the property vests in the principal...........
Adverse possession -- Co-sharers - Ouster of non-possessing co-owner - In the case of co-owners, the test of ouster is more exacting than in the case of strangers - Mere possession of one co-sharer is not sufficient for proof of ouster - There must be evidence of open assertion of hostile title coupled with exclusive possession and enjoyment of property by one co-sharer to..........
Adverse possession -- Amongst co-sharers - Plea of ouster - Possession of one co-sharer in law is possession of all co-sharers - To constitute adverse possession, ouster of the non-possessing co-sharer has to be made out - There must be evidence of open assertion of a hostile title coupled with exclusive possession and enjoyment by one of them to the knowledge of the other..........
Suit for declaration -- Suit for declaration and possession on basis of sale deed - Sale deed recited that it was made in exchange for price - Plaintiff admitting in evidence that on date of registration of sale deed no consideration money was paid - His case that consideration was paid later on found unacceptable from evidence - Title to suit land cannot be held to have..........
Specific Relief Act, 1963, Section 37, 38, 34 -- Suit for permanent injunction - Where title of property under challenge - Suit for mere injunction without praying for declaration of title is not maintainable...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Passing of title dependent on payment of consideration - Recital of payment of consideration if found to be not true then it can be held that title did not pass by mere execution and registration of sale deed...........
Civil Procedure Code, 1908, Order 7, Rule 14(1) -- Suit for title - Suit sale deed not filed alongwith plaint - No adverse inference to be drawn...........
