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Baij Nath vs Vishwanath Pandey And Others on 12 May, 2000

"The respondents learned counsel laid stress especially upon observations in B. Mahabir Singh and another v. B. Shanker Singh and another, in support of his argument that the acts concerned in the Instant case are not acts of possession. No such Inference is possible to be drawn. The subject-matter of dispute in that case was a piece of waste land belonging to the Zamindar and lying between the houses of two sets of ryots. The finding was that by temporary use for occasional necessities of a house holder such as keeping firewood until it is exhausted, bricks until they are used and on the occasion of a marriage once every few years placing chulhas to cook food the plaintiff could not lay claim to exclusive possession in themselves and even if continued for 12 years these acts would not establish adverse possession.
Allahabad High Court Cites 6 - Cited by 1 - D K Seth - Full Document

Sunil Kumar vs Pramod Kumar Sharma on 7 May, 2024

The learned trial court disposed of the petition with observation that in view of order dated 17.04.2012 defence has already been struck off and further held that there was no merit in the petition filed by the defendant. Learned counsel further submits that the defendant/ petitioner was under impression that the suit was at the stage of his evidence and he will be given opportunity to adduce since the order striking of his defence was reversed by this Court in C.W.J.C. No. 23099 of 2012 and the matter has been coming up for producing orders in C.W.J.C. No. 19938 of 2016 and under this impression, the defendant could not produce his witnesses. Learned counsel further submits that the impugned order is Patna High Court C.Misc. No.1245 of 2017 dt.07-05-2024 4/7 against the ratio of decision of this Court rendered in the case of Mahabir Ram Vs. Sheo Shnakar Prasad & Ors. reported in 1968 PLJR 75, para 17 and the defendant should have been allowed to cross-examine the witnesses of the plaintiffs on the point of title if the defendant disputes the title of the plaintiff or adducing his own evidence on this issue.
Patna High Court Cites 2 - Cited by 0 - A K Jha - Full Document
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