Dr.Shivamurthy Murugha Sharanaru vs State Of Karnataka on 11 March, 2024
Author: M. Nagaprasanna
Dr. Shivamurthy Murugha Sharanaru vs State Of Karnataka on 11 March, 2024
Author: M. Nagaprasanna
adverse possession and evidence to show that
the petitioners have been in continuous and
uninterrupted possession of the lands in question
claiming right, title ... interest of the original
grantees, the petitioners cannot claim that they have
perfected their title by adverse possession and therefore,
the Act does not apply
tenant whether the state of affairs constituting a cause of action must continue till the filing of the petition or till the order of eviction ... laid down either that use of present perfect tense means that the state of affairs must continue till the date of filing of the petition
petition came to be dismissed for non-prosecution on 4.8.1999. Therefore, the present writ petition challenging the very same order is not maintainable in view ... representatives have stepped into his shoes to continue the present proceedings. Therefore, the present petition is perfectly maintainable.
5. Having heard the submissions made
title in such granted lands had perfected his title in the granted lands by prescription by long and continuous enjoyment thereof in accordance with ... Paragraphs 10 and 11), the petitioners have perfected their title being in continuous possession and enjoyment of the lands in question for a period over
title in such granted lands had perfected
his title in the granted lands by prescription by long and
continuous enjoyment thereof in accordance with ... such granted lands, but could have
perfected his title in the granted lands by
prescription by long and continuous enjoyment
thereof in accordance with
question, have perfected their title by adverse possession having been in continuous and uninterrupted possession of the land in question for a continuous period more ... title in such granted lands had perfected his title for the granted land by prescription by long and continuous enjoyment thereof in accordance with
voidable title, perfects the same by prescription by uninterrupted and continuous enjoyment of the granted land.
7. In the present case, the grantee who held ... remain that the transferee remained on the land for an uninterrupted and continuous period of more than 12 years. Therefore, irrespective of the sale effected
that in the
present case, once limitation had begun to run, the same
could not be interrupted and accordingly, the present suit
which ought ... Court that the
defendant had perfected his title by adverse possession was
erroneous and the defendant in the present appeal was
20
entitled to challenge