Search Results Page
Search Results
1 - 10 of 30 (0.41 seconds)The Limitation Act, 1963
Section 13 in The Indian Evidence Act, 1872 [Entire Act]
Annasaheb Bapusaheb Patil & Ors. Etc. ... vs Balwant And Balasaheb Babusaheb ... on 6 January, 1995
Reliance was also placed on Annasahed
Bapusaheb Patil v. Balwani, (1995) 2 SCC 543.
Hari Kishan vs M/S Scindia Potteries & Services ... on 24 November, 2015
37. Now, coming to the facts of the present case. In his
defence in the written statement, the defendant denied any
title of the plaintiff to the suit property and pleaded
ownership through adverse possession. However, although
the defendant pleaded in the written statement that he had
become owner by way of adverse possession, however, the
defendant did not state as to who was the true owner
against whom the defendant was claiming adverse
possession. Since the defendant had already denied any
title of the plaintiff to the suit property, hence, there was
no question of any adverse possession against the plaintiff.
The defendant did not even state anything about the
possession being adverse to the L&DO. In these facts, the
present case is similar to the case in Hari Kishan (supra) in
which also the defendant therein was not sure as to who
was the true owner of the property in question. Hence,
even in the present case, when the defendant himself did
not even state as to who was the true owner of the property
against whom the possession was adverse, there is no
question of denying the title of the true owner.
S. M. Karim vs Mst. Bibi Sakina on 14 February, 1964
The ingredients of adverse possession have
succinctly been stated by this Court in S.M.
Karim v. Mst. Bibi Sakina [AIR 1964 SC 1254] in
the following terms: "Adverse possession must be
adequate in continuity, in publicity and extent and a
plea is required at the least to show when possession
becomes adverse so that the starting point of
limitation against the party affected can be found."
Karnataka Board Of Wakf vs Government Of India & Ors on 16 April, 2004
A peaceful, open and continuous possession
as engraved in the maxim nec vi, nec clam,
nec precario has been noticed by this Court
in Karnataka Board of Wakf v. Government
of India [(2004) 10 SCC 779] in the following
terms: "Physical fact of exclusive possession
and the animus possidendi to hold as owner in
exclusion to the actual owner are the most
important factors that are to be accounted in
cases of this nature. Plea of adverse
possession is CS No. 144/10 16 not a pure
question of law but a blended one of fact and
law.
T. Anjanappa And Ors vs Somalingappa And Anr on 22 August, 2006
15. Notice was taken on the judgment of the
Supreme Court in T.
Anjanappa v. Somalingappa, (2006) 7 SCC 570,
wherein the Supreme Court has observed that the
concept of adverse possession contemplates hostile
possession, i.e. possession which is expressly or
impliedly in denial of the true owner. Therefore, a
person who claims title by adverse possession must
show by clear and unequivocal evidence that his
possession was hostile to the real owner and
amounted to denial of his title to the property
claimed.
Nathu Ram Through Lrs. vs M/S Scindia Potteries & Services Pvt. ... on 19 September, 2017
29. Thus, the title of the plaintiff under the perpetual lease
deed from the L&DO in its favour for the entire premises
of the Scindia Potteries complex has been recognised by
the Hon'ble High Court in the aforesaid decisions.
Crucially, as held by the Hon'ble High Court in Nathu
RCA DJ 22/21
BHULLAN SINGH V. SCINDIA POTTERIES AND SERVICE PVT LTD. Page No. 17 of 45
Ram (supra), the decision in Hari Kishan (supra) was
relevant under section 13 of the Indian Evidence Act, 1872
as proof of title to immoveable property.
Ramchandra Sakharam Mahajan vs Damodar Trimbak Tanksale (D) & Ors on 9 July, 2007
In this regard, Ld. counsel has referred to the
decision of the Hon'ble Supreme Court in Ramchandran
Sakharam Mahajan v. Damodar Trimbak Tanksale (2007)
6 SCC 737.