...claiming to be in possession for over 70 years. The plaintiff claimed possession of the excess land from the society, its Manager and Defendants Nos. 3 to 6. The society denied the rights of the...Arun Mishra, J.:— The question of law involved in the present matters is quite significant. Whether a person claiming the title by virtue of adverse possession can maintain a...suit under Article 65 of Limitation Act, 1963 (for short, “the Act”) for declaration of title and for a permanent injunction seeking the protection of his possession...

...letter dated August 8, 1968 in respect of a portion of the land comprised in Survey No. 30/2 in Village Umari, District Akola. The High Court has held that possession of the land in question was taken by...before us, that after possession of the land forming the subject-matter of acquisition has been taken in accordance with Section 16 or Section 17(1) of the Act, the land vests in the Government and...the Government or any other authority is not at liberty to withdraw from the acquisition of any land of which possession has been taken: vide State of M.Pv. Vishnu Prasad Sharma...

.... 1822 of 1973 dated September 21, 1982. The respondents filed a suit for declaration of title to and for possession of 53 kanals 12 marlas from the appellants. The trial court in File No. 40 dismissed...Wazira, there was a division of the properties by metes and bounds and 53 kanals 12 marlas were left in the possession of Parsinni and Chinto for their enjoyment. The Mutation No. 1722 Ex. P-8 on...10.2.85 B.K discloses that they shall remain in possession and enjoyment till their marriage or death whichever is earlier. Their marriage took place between 1990-91 to 1994-95 B.K It is not in dispute...

...: Adverse Possession-Possession of co-heir, when adverse- Ouster-Possession of Receiver pendente lite, if can be tacked. HEADNOTE: V died an infant in...1927 and H, an agnatic relation. filed a, suit for the recovery of the properties belonging to V which were in the possession of third parties, on the ground that he was the sole nearest male agnate...entitled to all the properties. During the pendency of the suit a Receiver was appointed for the properties in February, 1928. The suit having been decreed H obtained possession of the properties from...

...(sic) 30, 1986.2. It is not necessary to elaborate all the facts in detail. Suffice it to state that the appellant had come into possession of the suit-lands pursuant to an...agreement of sale dated 8-3-1956. He paid part consideration of Rs 500 and obtained possession of the lands. Subsequently, the respondent purchased the lands by sale deed dated 23-3-1960. In the...meanwhile, the appellant's suit for specific performance of the contract for sale was dismissed and became final. The respondent filed the suit for possession which has given rise to this appeal. The trial...

...their agents, servants, family members do not cause or cause hindrance to be caused in the possession and occupation of the plaintiff in respect of land of Survey No. 66/3 admeasuring 7 acres 10...?”5. The trial court held that in the year 1925 the land was purchased for Rs 75 from Gama Bhai Gala Bhai by the appellant and he is having possession of the same for the last 70...years. The learned trial court in the same judgment has also held that in 1960 the appellant forcibly took possession of the land in question and he has been in continuous possession till 1986, which is...

...years prior to the suit, and therefore, on the strength of title the plaintiff sought for the relief of declaration of title and possession and also sought for injunction against the defendant not to...repair or put up any permanent structure on the suit site. The defendants filed the written statement denying the title of the plaintiff contending that the defendants are in possession of the premises...since the year 1969 by putting up hutment and paying tax to the Municipality. The defendants also contended that the property is a government land and they are in adverse possession of the property...

...framing of a charge by the Magistrate of the 1st Class, Neemuch. The charge was that on or before September 17, 1966, at Neemuch, the appellant was found in possession of and having control over one.... The sanction was granted by the District Magistrate, Neemuch on November 4, 1967. The sanction states that the appellant had “allegedly been found in possession of and having under his control one...contention urged was that the charge went beyond the sanction in that while the sanction specifically mentions that the applicant had been found in possession of the revolver at the Police Station...

...of Section 13(4)(c) which makes it clear that a manager can only manage the secured assets the possession of which has been taken over by the secured creditor, if actual physical possession has been...relatable to the security for the debt;](c) appoint any person (hereafter referred to as the manager), to manage the secured assets the possession of which has been...Sarfaesi Act” or “the Act”), at the instance of a borrower, is maintainable even before physical or actual possession of secured assets is taken by banks/financial institutions in exercise of their...

...possession and enjoyment of the suit schedule property by the respondent.2. The plaintiff and the defendant — both have expired. Their LRs are on record. For the sake of...remains, and that is relevant for our purpose, that the piece of land which forms the subject-matter of the suit is in the possession of the plaintiff-respondent. The plaintiff-respondent was raising...construction over the piece of land in his possession, and that was obstructed by the defendant-appellant claiming that the land formed part of his property and was owned by him. The plaintiff filed a...

...:2. The plaintiff filed a suit in forma pauperis on October 13, 1942 against the Society, its Kariasthan (Manager) and four others for possession of 131.23 acres of land from Survey Nos. 780/1 and...possession of the excess land from the Society, its Manager and Defendants 3 to 6, who were acting on behalf of the Society. The plaintiff also claimed mesne profits and compensation for waste...Judge and decreed it against the Society and its Manager ordering possession of the entire suit lands with mesne profits past and future, and compensation for any waste. The High Court held that the...

...perfected their title by adverse possession and consequential relief for permanent injunction. There are three sets of properties in each of these three matters. One is CTS No. 24 of Ward No. VI...Wakf Act, 1954 and was also stated to have been published in the gazette. Inasmuch as the suit property since inception was under the ownership of the plaintiff with lawful possession thereof, the..., therefore, the plaintiff cannot claim any ownership on the ground of adverse possession.3. While this is the stand of the Wakf Board, the appellant before us, and the other...

...had managed to secure possession of the said restaurant and the premises wherein it was being conducted by colluding with Defendants 1 and 2. Defendant 3, who was the only contesting defendant...plaintiff for resuming possession and stating that if the plaintiff failed to give possession of the said restaurant to Defendant 3, he would proceed in a court of law. The said notice was addressed at the...the plaintiff for taking possession of the said restaurant on 15-2-1959. There is considerable conflict as to what transpired on 15-2-1959. According to the plaintiff, she never received any of the...

..., and they entered into individual “Buyers Agreement” with the opposite party. The possession of the apartments was agreed to be delivered to them within 36 months from the date of their respective...complainants. However, there was no change in the date stipulated in the Buyers Agreement for delivery of possession of the flat. The grievance of the complainants is that neither the possession of the...apartments has been given to them nor is the construction complete though the last date stipulated in the Buyer's Agreement for delivery of the possession to them has already expired more than 2 years ago...

...seal “CS” which after use was handed over to HS Mithu Singh (PW 2). The case property was taken into possession vide recovery memo Exhibit PC attested by witnesses including Santa Singh. On the basis of...when benefit of doubt has been given to the other co-accused persons, there was no basis for convicting the accused-appellant. There was no material to show any conscious possession which is the sine...really arrested on 19-2-1993. Coming to the plea of conscious possession it was held that the prosecution had produced ample evidence that the accused was in physical possession and in terms of...

...had come up before this Court, this Court while upholding the constitutionality of the Act directed the authorities to go into the question of adverse possession raised by the petitioners. The learned...Single Judge has extracted the pleadings on adverse possession of the petitioners. Therein, the High Court had pointed out that there is no express plea of adverse possession except stating that after...the purchase of the lands made by them, they remained in possession and enjoyment of the lands. What requires to be pleaded and proved is that the purchaser disclaimed his title under which he came...

...that the Land Acquisition Officer had taken possession of the land on 28-2-1966 and delivered possession to the appellant on 21-3-1966. It is not in dispute that under the Scheme as many as 3639...residential houses have been constructed and delivered possession of. The disputed land in an extent of one acre and thirty-two cents is set apart for public park in the Scheme which stood vested in the...Municipality.4. It is the case of the respondent that he is the owner of the land having title to and possession of the same for over 30 years preceding the date of filing of...

..., Rules 35(2) and 96 of the Code of Civil Procedure for delivery of joint possession of the properties purchased to Prakasalingam along with the members of the joint family in actual possession.... This order was duly carried out and possession was delivered to Prakasalingam by publishing that fact by beat of drum as prescribed in these rules. Subsequently, Prakasalingam retransferred the...increased, and various other persons holding as alienees from them, asking for a partition of the joint family properties into five equal shares and thereafter for possession of four of such shares by...

..., the appellants allegedly took over possession of the entire 5 acres 23 guntas of land after the aforementioned purchases. However, when allegedly their possession was sought to be disturbed by the...adverse possession stating:“… The plaintiffs submit that in any event the plaintiffs have perfected their title by adverse possession as the plaintiffs have been in open, continuous...uninterrupted and hostile possession of the plaint schedule land, adversely to the interest of any other person including the defendant for the past over fifty years exercising absolute rights of...