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Supreme Court Allows Plaintiff's Claim for Possession in Property Dispute Based on Title and Rejects Adverse Possession Defense. Licensee's Possession Cannot Be Converted into Adverse Possession Without Clear Evidence of Ouster.

The dispute pertained to a suit property in Bangalore. The original plaintiff, A. Krishnappa, claimed ownership of the property as joint family proper...

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Supreme Court Allows Suit Based on Adverse Possession — Overrules Earlier View That Adverse Possession Can Only Be Used as Shield. Plaintiff Who Has Perfected Title by Adverse Possession Can Sue for Declaration and Protection or Recovery of Possession.

The Supreme Court addressed the question whether a person claiming title by adverse possession can maintain a suit for declaration of title and for pr...

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High Court of Karnataka Dismisses Appeal in Property Dispute Between Sisters — Upholds Trial Court's Decree of Declaration and Permanent Injunction. Gift Deed by Father Confers Title to Plaintiff; Defendant's Claim of Adverse Possession Fails as Possession is Permissive.

The case involves a property dispute between two sisters, the appellant (defendant) and the respondent (plaintiff), over a house originally owned by t...

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Bombay High Court Dismisses Probate Petition for Will Allegedly Executed Under Undue Influence and Suspicious Circumstances. Will dated 21st August 1997 of Vivien Theresa Vaz held not proved due to lack of testamentary capacity and failure to dispel suspicion regarding execution.

The case concerns a probate petition filed by Mirzban Darabshaw Surti, claiming to be the sole executor of the last Will and Testament of Vivien There...

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Bombay High Court Allows Amendment of Written Statement Despite Trial Commencement — Liberal Approach Under Order 6 Rule 17 CPC. Amendment Sought to Incorporate Alternative Plea of Ownership Based on Adverse Possession Not Barred by Delay or Lack of Due Diligence.

The petitioners, who were defendants in Regular Civil Suit No. 242/2007, filed an application (Exh. 42) for amendment of their written statement. The ...