entitled to maintain the petition when he had knowledge about the building constructed in the suit property by the respondents long prior to the commencement
constructed on 20,000 sq.ft. Of land demarcated and it was
constructed accordingly. All the parties have full knowledge of the area, flat ... petitioner/promoter/developer is not constructing or making any
alteration in the exclusive demarcated area and the constructed building of
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equivalent to knowledge in its legal consequences, in the considered opinion of this Court. A notice may be either express or constructive. Further, express notice ... actual notice is notice whereby an individual acquires actual knowledge of the fact. Constructive notice is the equity which treats a person who ought
their
favour. Whatever they constructed, was at their own risk and cost and with open
eyes because to their knowledge the auction proceedings were
specifically mentioned that the community kitchen (Gurdwara Langer Hall) has
already been constructed by the public prior to the filing of the present suit ... knowledge of the indicated
construction from the date of filing the written statement and concealed the facts
that the defendant has constructed the community kitchen
with a mental element, namely, the animus possidendi, that is to say, knowledge of these rights and the desire and intention of exercising them ... respect of possession, there are certain classifications, such as, actual possession, constructive possession and symbolic possession. It can be construed as actual possession, when
entire
suit structure including the respective tenancies of its members to the knowledge
of the defendant Nos. 1 to 7 with the fund provided ... other group of tenants in other part of A Schedule property, jointly
constructed passages within the suit property, arranged electricity, street lights,
sewerage lines, drinking
belonging to Mr.Sadashiv at Coimbatore and that he had
later on constructed his own bungalow. It may be noted that the
address ... Evidence Act provides that
when any fact is especially within the knowledge of any person,
the burden of proving that fact is upon
Transfer of Property
Act and consequent thereto;
[ii] the
knowledge of the plaintiff about execution of the second sale deed,
entries in the revenue record ... compensated in terms of money
as claimed. The defendant-appellant herein had knowledge about
pendency of the proceeding and the litigation between the parties
record (Annexure-P/2), the Club was permitted to make
3
constructions only in respect of some portions of their tenancy and after
execution ... repairs/reconstructions in respect of said area without interruption
and with the knowledge and consent of the owners thereof.
5. It is stated that sometime