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1 - 5 of 5 (0.21 seconds)Smt. Pushpa Sharma vs Gopal Lal Rawat on 4 April, 1986
In Smt. Pushpa Sharma v. Gopal Lal Rawat 1986(2)WLN 130 one of the question which has been considered by the Full Bench of this Court is whether in a suit based on relationship of landlord and C tenant seeking a relief of eviction on a ground set forth in Section 13 of the Act a decree for possession can be granted in favour of the plaintiff on the basis of his title This Court answered the said question in the positive and held that in a suit based on relationship of landlord and tenant making prayer for eviction on a ground set forth in Section 13 of the Act, a decree for possession can be granted in favour of the plaintiff on the basis of title. In that content this Court has observed as under:
Jayagopal Mundra vs Gulab Chand Agarwalla And Ors. on 12 December, 1973
In Joyagopal Mundra v. Gulab Chand Agarwalla and Ors. a Full Bench of the Orissa High Court has held that by obtaining delivery of symbolical possession the prior adverse possession of the judgment-debtor comes to an end, and the decree-holder who obtains such symbolical delivery of possession against the judgment-debtor in execution of decree can file a suit for recovery of possession within 12 years of the date of delivery of symbolical possession.
Section 47 in The Code of Civil Procedure, 1908 [Entire Act]
Nagamalai Thevar vs Pandaram And Anr. on 10 February, 1977
18. Similarly in Nagamalai Thevar v. Pandaram and Anr. , it has been laid down that delivery of symbolical possession arrests the continuity of adverse possession of persons in possession and the suit filed within 12 years of the day of delivery was in time.
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