Adverse possession -- Date of entry into suit land has not been mentioned - Mere possession of suit land for long time is not suffice to hold that plaintiff had perfected title by way of adverse possession, unless classical requirements of adverse possession are pleaded and proved - Both the Courts below after analyzing of evidence on record as well as pleadings, negative..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Plea of adverse possession - If the plaintiffs are found to be in adverse possession, they cannot seek a declaration to title on the ground that such adverse possession has matured into ownership...........
Specific Relief Act, 1963, Section 34, Suits Valuation Act, 1887 - - Title deed of 1954 not tendered in evidence in course of trial but was sought to be relied upon in title appeal - Such deed gives some semblance of title to plaintiffs in respect of at least six decimal of suit property - However, defendants had no chance to deal with plaintiffs assertion of title based..........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24 - - Direction for determination of compensation - Land in question notified for acquisition 28 years ago - Appellant had put up construction over land without acquisition of said land putting public exchequer at risk - Petitioners have produced their title..........
Specific Relief Act, 1963, Section 39 -- Suit for declaration of title and mandatory injunction - Encroachment - Plaintiff did not produce any documents in respect to his title - However, admission made by defendants will prove existence of suit land - Construction made by defendants are all temporary in nature - Report of Advocate Commissioner proved that defendants are..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Where other legal heirs have not questioned plaintiff's inheritance to suit property and defendants, who are only tenants in suit property cannot raise such a plea against plaintiff, particularly when defendants admitted that suit property originally belonged to plaintiff's father - Both the Courts..........
Registration Act, 1908, Section 17, Registration of Births and Deaths Act, 1969 - - Immovable property having value of more than Rs.100/- - Cannot be transferred without there being registered document - Any document or instrument, which purports or intends to create title should be registered and in case, same is not registered, it would not affect any immovable property..........
Adverse possession -- It is not a pure question of law, but a blended one of fact and law - Mere possession of suit land for long time is not suffice to hold that plaintiff had perfected title by way of adverse possession unless classical requirements of adverse possession are pleaded and proved...........
Specific Relief Act, 1963, Section 34, Suits Valuation Act, 1887 - - Date of entry into suit land not mentioned by plaintiff - Concurrent findings on record that plaintiff has not perfected title by way of adverse possession - No perversity in said findings - Otherwise also, if plaintiff is found to be in adverse possession, he cannot seek a declaration to the effect that..........
Succession Act, 1925, Section 276 -- Probate - Jurisdiction of probate Court is limited being confined only to consider genuineness of Will - Question of title arising under the Act cannot be gone into probate proceedings - Construction of a Will relating to right, title and interest of any other person is beyond the domain of Probate Court...........
