Search Results for "hostile possession"

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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.

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

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Supreme Court Restores Eviction Decree Against Tenant — Reaffirms Scope of Second Appeal Jurisdiction

The Apex Court upheld the concurrent findings of the Trial Court and First Appellate Court — Clarified the principles governing the scope of Second ...

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Supreme Court Upholds High Court’s Decision, Dismisses Appeals on Property Ownership Dispute Land ownership, possession rights, and the doctrine of adverse possession scrutinized in depth.

The Supreme Court of India, dismissed the appeals filed by Neelam Gupta and others, upholding the High Court’s ruling granting possession rights to ...

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Supreme Court Dismisses Appeal in Benami Property Dispute Under Benami Transaction (Prohibition) Act, 1988. Plaintiffs Failed to Prove Property Was Held for Benefit of Hindu Undivided Family Coparceners Under Section 4(3)(a), Making Suit Barred Under Section 4(1).

The dispute originated from a civil suit filed by Laxmi Prasad, his wife, and two daughters against his two sons and subsequent purchasers, seeking de...

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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 Appeal in Adverse Possession Case, Restores Appellate Court's Decree. Permissive possession cannot be converted into adverse possession without hostile animus; High Court erred in reversing concurrent finding of fact.

The dispute concerns a property originally owned by Banta, who died on 02.07.1992. Banta had two children: Jit Ram (son) and Sibo (daughter). Sibo fil...

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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 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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Supreme Court Allows Appeal in Adverse Possession Case — Declares Plaintiff Owner of Encroached Land. Court Holds That Mere Long Possession Without Hostility and Knowledge Does Not Confer Title by Adverse Possession Under Limitation Act, 1963.

The appellant, Mallikarjunaiah, filed a civil suit seeking declaration of title and injunction in respect of certain agricultural lands, including 1 G...