Search Results for "Possessory Title"

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Search Results for "Possessory Title"

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Supreme Court

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.

7 Aug 2019

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...

Supreme Court

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.

29 Jan 2019

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...

Supreme Court

Supreme Court Dismisses Appeal in Civil Procedure Amendment Case Regarding Mortgage Redemption Suit. The court upheld the lower courts' orders allowing amendment of plaint under Order VI Rule 17 of the Code of Civil Procedure, 1908, holding that issues of limitation and res judicata should be decided at trial, not at the amendment stage.

14 Mar 2023

The dispute originated from a property in Ballia, where the plaintiffs claimed ownership of a shop and filed Suit No. 154 of 2009 for possession upon ...

High Court

Bombay High Court Dismisses Plaintiff's Claim for Short Delivery of Urea Due to Lack of Title to Sue Under Bill of Lading. Plaintiff Not a Party to Bill of Lading and Cannot Maintain Admiralty Action for Short Landing.

18 Mar 2014

The plaintiff, Dreymoor Fertilizers Overseas Pte. Ltd., filed an admiralty suit against the vessel m.v. Theoforos-1 claiming short delivery of 520.30 ...

High Court

Bombay High Court Allows Second Appeal in Property Dispute Over Encroachment on Community Land — Muslim Association's Locus Standi Upheld. The court held that an unregistered association can sue to protect its property and that permissive possession can be revoked at any time.

10 Mar 2006

The dispute pertains to a stall/gada situated on a strip of land in Survey No. 213/11 of Piligao village, Goa. The plaintiff, an association of the Mu...

Supreme Court

Supreme Court Allows Appeal in Execution Proceedings — Possessory Title Not Required for Restoration Under Order XXI Rules 98-100 CPC. High Court erred in ordering restoration of possession without determining whether respondent had any right to possession under Order XXI Rules 98-100 CPC.

29 Jul 2019

The Supreme Court considered an appeal against the judgment of the Calcutta High Court which had allowed the appeal of the respondent (Lt. Col. Nahar ...

High Court

High Court Dismisses Second Appeal in Land Acquisition Case Due to Absence of Substantial Question of Law. Concurrent factual findings by lower courts upheld as appellants failed to establish any legal error in dismissal of suit for injunction and adverse possession claim under Land Acquisition Act, 1894.

6 Jan 2026

The dispute originated from a Regular Civil Suit filed by the plaintiff seeking permanent injunction against the State of Gujarat and its officers to ...

Supreme Court

Supreme Court Reverses High Court's Decision in Property Title Dispute Due to Lack of Evidence on Power of Attorney. Concurrent Findings of Lower Courts Restored as Plaintiffs Failed to Prove Title and Compliance with Registration Act for Foreign-Executed Document.

13 Jan 2023

The dispute originated from a civil suit filed by the original plaintiffs seeking declaration of title and recovery of possession over a property, all...

High Court

Bombay High Court Dismisses Second Appeal in Gram Panchayat Encroachment Dispute — Limitation Under Section 53(2A) of Maharashtra Village Panchayats Act Not Mandatory. The court held that the Gram Panchayat has jurisdiction to remove encroachments even after six months from the date of notice, and the appellant failed to prove title or possessory title.

8 Aug 2014

The appellant, Gajanan Gyanuji Zamre, filed a suit for injunction against the Gram Panchayat, Kodali Zamre, seeking to restrain the Panchayat from rem...

High Court

High Court of Karnataka Allows Second Appeal in Property Dispute — Sets Aside Concurrent Findings on Declaration and Possession. Court holds that the First Appellate Court failed to frame proper points for determination under Order 41 Rule 31 CPC, rendering its judgment unsustainable.

17 Mar 2023

The appellant, Sri Gundappa, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) challenging the judgment and decree da...

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