particular court--Interpretation of clauses of such co
n-
tract-Ouster clause II--Interpretation and constructi
on
of--In particular:
Section 9- -Civil Procedure Code ... Civil court--Jurisdi
c-
tion-Ouster of--Interpretation of clauses of contract.
Statutory Interpretation 'Ouster clause '--Construction of
.
Words and Phrases
exclusion of the other co-sharer which may amount to ouster. We need not dwell upon this aspect of the matter in this revision petition ... sharer who claims or asserts ouster to prove the same. The point with which we are concerned is: Should a co-sharer abuse the joint
Adverse Possession-Possession of co-heir, when adverse-
Ouster-Possession of Receiver pendente lite, if can be
tacked.
HEADNOTE:
V died an infant ... possession from January
20, 1930, was adverse and amounted to ouster of the other
co-heirs, such adverse possession was not adequate in time
permanent Structure cannot invariably be treated as conclusive evidence of ouster, tor it may well be, that a property cannot be enjoyed without making extensive ... substantial improvements. The test of ouster in such a case is whether the plaintiff has sustained substantial injury or his title has been denied (vide
this is not disputed by Mr.
Sarma. There was, therefore, an open ouster by
Prafulla since 1950. The plaintiff brought the
suit ... possession, although the contesting respondents
did not raise any plea nor proved ouster of other co-sharers.
Mr. Amlan Kumar Ghosh, learned counsel appearing
Department of Personnel & Training dated 10th August, 2010
whereby protection against ouster of those appointed in the Scheduled Tribe
category had been extended ... Milind’s case (supra) followed in subsequent decisions, extended
protection against ouster from service to those appointed in the Scheduled
Tribe category on the basis
plaintiff's claim was not
barred by limitation by exclusion and ouster and
defendants 1 and 2 in the suit had not acquired title ... thereby lost her right by exclusion
and ouster ?
(3) Whether the Lower Appellate Court
was right in omitting to note the suit instituted 12
years
even of an entire
joint property does not necessarily amount to ouster as the
possession of one is deemed to be on behalf ... above rule admits of an exception when there is ouster of
a co-owner by another. But in order to negative the presumption
of joint
power on the Land Tribunal to decide.
This amounts to an ouster of the jurisdiction of the Civil Court and a conferment of the jurisdiction ... certainly an implied bar. We must hasten to add that this ouster of jurisdiction is only as regards the Court of first instance. That Court
Pradesh) 2007
(Suppl.) 169.
He has further argued that the plea of ouster was specifically
taken, but the learned Trial Court below, without discussing ... learned Trial
Court below for framing an issue on complete ouster of the
defendants from the suit land, as it has been specifically pleaded
