Benami transaction -- Six circumstances determining the nature of the transaction namely (i) the source from which the purchase money came, (ii) the nature and possession of the property, after the purchase, (iii) motive, if any, for giving the transaction a benami colour, (iv) the position of the parties and the relationship, if any, between the claimant and the alleged..........
Limitation Act, 1963, Article 64, 65 -- Adverse possession - Adverse possession is a right which comes into play not just because someone loses his right to reclaim the property out of continuous and willful neglect but also on account of possessor's positive intent to dispossess - It is important to take into account before stripping somebody of his lawful title, whether..........
Civil Procedure Code, 1908, Section 11, Order 39, Rule 1, 2 -- Temporary injunction - Execution of a decree - Injunction cannot be granted - Subsequent suit is barred on a plea which was available to a party in the previous suit - Courts below have exercised jurisdiction which did not vest in them in entertaining a suit against execution of a decree though all questions..........
Civil Procedure Code, 1908, Section 47, Order 21,, Rule 97, 99 -- Decree passed after contest - Execution of decree - Suit against execution of decree - All questions regarding title and all objections should be decided by the executing Court alone and not by a separate suit...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13 -- Bar of Civil Code jurisdiction - Plaintiff claiming to be owner of suit land seeks permanent injunction against Gram Panchayat - In revenue records, suit land recorded in the name of Gram Panchayat. Held - Plaintiff challanging the title of Gram Panchayat. Civil Court has no jurisdiction to decide the issue...........
Limitation Act, 1963, Article 63, 65 -- Adverse possession - Onus to prove - Once a party proves its title, the onus of prove would be on the other party to prove claims of title by way of Adverse possession...........
Adverse Possession -- Nature of - Is a right which comes into play not just because someone losses his right to re-claim property out of continuous and willful neglect but also on account of possessor's positive intent to dis-possess - Before stripping some body of his lawful title, important to take into account whether there is an adverse possessor worthy and exhibiting..........
Adverse Possession -- Length of possession - Mistaken possession - Intention to possess vis-a-vis intention to dispossess - Land purchased by plaintiff in 1934 without knowledge of earlier sale in favour of defendant - Suit filed in 1988 claiming title on the basis of adverse possession. Held - Factum of possession of plaintiff only indicates intention to possess the land...........
Possession -- Plea of adverse possession negated in the previous suit - Possession of defendants held to be that of a co-sharer - Question as to whether present suit for possession on basis of title is to be filed within 12 years of asserting adverse possession in the previous suit - Held, No - Mere assertion of adverse possession is not sufficient to confer title - Once..........
Adverse possession -- Co-sharers - Possession of one co-sharer is possession of all the co-sharers - In the case of co-sharers, mere length of possession of one co-sharer does not give any title to the co-sharer in possession...........
