SUIT FOR INJUNCTION-It is trite law that, in a suit for declaration of title, the burden always lies on the Plaintiff to make out and establish a clear case for granting such a declaration and the weakness, if any, of the case set up by the Defendants would not be a ground to grant relief to the Plaintiff. There cannot be any dispute to the proposition laid down by Supreme Court in the above cases. But coming to the facts in the present case the present suit giving rise to this appeal, was not a suit for declaration of title and possession rather the suit was filed for injunction.
Limitation Act, 1963—Articles 64 and 65—Adverse possession—Co-owner—Permissibility—Sole possession by one co-owner is not sufficient—There must be open assertion of hostile title against the other.
Adverse Possession- “the position of the respondent Corporation and its predecessor in title was that of a person having no legal title but nevertheless holding possession of the land under colour of […]
Second Appeal-Adverse Possession-The petitioner-defendant failed to lead any cogent evidence of his being in possession of the suit property ever since 1970 and, Therefore, the trial court was fully justified in not […]
The Court tried to read the Human RIGHTS position in the context of adverse possession , which is commendable.
In Karnataka State Financial Corporation Versus N. Narasimahaiah and OTHERS [AIR 2008 SC 1797 : (2008) 4 SCR 853 : (2008) 5 SCC 176 : JT 2008 (4) SC 183 : (2008) 4 SCALE 473] […]
Concept of adverse possession and its consequences wherever attracted has been recognized in the statute dealing with limitation.
In India Article 65 of Limitation Act prescribed limitation to recover possession from the person in wrongful possession is 12 years from the date when the person in possession set up hostile […]
“De Jure Belli ac Pacis,” Hugo Grotius CHAPTER IV. Title to Desert Land by Occupancy, Possession, and Prescription. I. A great difficulty arises here respecting the right to property by uninterrupted possession […]
Under the Mahomedan law applicable in India, title to a mosque can be lost by adverse possession. If that is the position in law, there can be no reason to hold that […]
Historical background The concept of ADVERSE POSSESSION was born in England around 1275 and was initially created to allow a person to claim right of “seisin” from his ancestry. Many felt that […]
Keywords: Adverse possession- Ayodhya Dispute- Ram Janma Bhumi-Babri Masjid-Mahomedan Law- AIR 1995 SC 605 : (1994) 6 SCC 360 : JT 1994 (6) SC 632 : (1994) 2 Suppl. SCALE 100 (SUPREME COURT […]
Acquisition by prescription under Indian Easement Act 1882[Sec 15 to 17] Sec15- Where the access and use of light or air to and for any building have been peaceably enjoyed therewith, as an […]