Search Results for "animus possidendi"

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Bombay High Court Dismisses Writ Petition Challenging Land Acquisition for Resettlement Project Due to Unexplained Delay of 12 Years. Petitioners' challenge to 2006 order of Divisional Commissioner fails as they failed to demonstrate diligence after personal hearing in 2005.

The petitioners, four individuals who are grandchildren of the original landowner Babasaheb Khadirsaheb Pirjade, filed a writ petition in 2018 challen...

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Supreme Court Dismisses Civil Appeal in Property Dispute Involving Settlement Deeds and Limitation. Vested Interest Under Transfer of Property Act, 1882, Section 19 Upheld, with Suit Not Barred by Limitation Under Limitation Act, 1963, Article 65.

The dispute originated from a series of settlement deeds executed in 1947 and 1952 by Thayammal, involving property rights granted to her sons and dau...

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Bombay High Court at Goa Dismisses Appeal in Land Dispute Case — Upholds Trial Court's Finding of No Adverse Possession. Appellant failed to prove exclusive possession and animus possidendi over suit property for the statutory period under the Limitation Act, 1963.

The case involves a second appeal before the Bombay High Court at Goa arising from a suit for declaration and injunction filed by the appellant claimi...

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Supreme Court Allows Appeal of Resolution Professional in IBC Moratorium Dispute. Section 14(1)(d) of Insolvency and Bankruptcy Code, 2016 prohibits owner from recovering property occupied by corporate debtor during moratorium, even under joint development agreement.

The appeal arose from a dispute concerning the interpretation of Section 14(1)(d) of the Insolvency and Bankruptcy Code, 2016 (IBC). The appellant, Ra...

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Supreme Court Allows Appeals in Adverse Possession Case — Khasra Entries Found Suspicious and Fraudulent. High Court's Reversal of First Appellate Court's Findings Set Aside as Perverse and Without Considering Evidence of Fraud.

The Supreme Court allowed two civil appeals arising from a dispute over adverse possession of agricultural lands in Village Purani Chhabani, Guna, Mad...

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Supreme Court Holds Plaintiff Can Plead Adverse Possession Under Article 65 of Limitation Act — Preliminary Issue Covered by Ravinder Kaur Grewal. The Court overruled earlier decisions and directed merits consideration.

The Supreme Court disposed of three civil appeals involving a preliminary issue: whether a plaintiff can take the plea of adverse possession under Art...

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Supreme Court Dismisses Appeal in Possessory Title Suit — Plaintiff Failed to Prove Prior Possession or Better Title. Concurrent findings of First Appellate Court upheld that defendants had valid title and possession through registered sale deeds.

The appeal arose from a suit for declaration of title and possession filed by Moti Ram (respondent) against Poona Ram (appellant) and others. The plai...

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Bombay High Court Dismisses Appeal for Declaration of Ownership by Adverse Possession Against Government Land. Claim of Long Possession Fails as Plaintiffs Failed to Prove Possession for Over 12 Years and Property Was Government Land.

The appellants, plaintiffs in the original suit, filed First Appeal No. 282 of 2007 before the Bombay High Court at Goa against the judgment dated 25-...

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Bombay High Court Dismisses Defendant's Second Appeal in Possession Suit, Upholding Plaintiff's Title and Rejecting Adverse Possession Claim. Defendant's possession held permissive, not hostile; civil court jurisdiction not barred under Section 91 of Maharashtra Cooperative Societies Act, 1960.

The plaintiff, Rajesh Parasram Shahu, filed Regular Civil Suit No. 1778/1993 for possession of Plot No. 88 at Khasra No.4/5, Gat No.78, admeasuring 80...

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Bombay High Court Dismisses Second Appeal in Adverse Possession Suit — Concurrent Findings of Fact Not Interfered With. Court holds that claim of adverse possession must be proved with clear and unequivocal evidence of hostile possession for the statutory period.

The case involves a second appeal filed by the original plaintiffs (now appellants) against the judgment of the lower Appellate Court which dismissed ...