Search Results for "prescriptive title"

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Search Results for "prescriptive 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...

High Court

Bombay High Court at Goa Dismisses Second Appeal in Property Dispute — Upholds Concurrent Findings of Courts Below on Title and Possession. The court held that the appellant failed to prove title and possession over the suit property, and the findings of fact by the lower appellate court were not perverse or based on no evidence.

30 Nov -0001

The case involves a property dispute where the appellant, Xec Mohidin (since deceased, represented by his heirs), filed a second appeal against the ju...

High Court

Bombay High Court at Goa Dismisses Second Appeals in Property Dispute, Upholds Concurrent Findings of Courts Below. The court held that the appellants failed to prove their title and possession over the suit property, and the findings of fact by the lower appellate court were not perverse or based on no evidence.

30 Nov -0001

The case involves two second appeals filed by the appellants against the judgment and decree of the District Judge, South Goa, Margao, in Regular Civi...

High Court

High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With. Court holds that no substantial question of law arises under Section 100 CPC where courts below have concurrently found that the plaintiff failed to prove title and possession.

22 Jun 2024

The present second appeal was filed by the original plaintiff (since deceased, represented by legal representatives) against the judgment and decree d...

High Court

Bombay High Court Allows Second Appeals in Land Dispute Case — Concurrent Findings Set Aside Due to Non-Application of Mind by First Appellate Court. The Court Held That the First Appellate Court Must Comply with Order 41 Rule 31 CPC and Decide the Appeal on Merits After Proper Appreciation of Evidence.

30 Nov -0001

The present second appeals arise from a land dispute between the appellants (original plaintiffs) and the respondents (original defendants) concerning...

High Court

Bombay High Court Allows Plaintiff's Second Appeal in Property Dispute, Declares Prescriptive Title Over Survey No.85/1. Court holds that continuous possession for over 12 years confers ownership by adverse possession under the Limitation Act, 1963.

31 Mar 2005

The dispute in this second appeal concerns a property admeasuring about 6225 square meters, surveyed under No.85/1, located in Poinguinim village, Can...

High Court

Bombay High Court at Goa Upholds Plaintiff's Prescriptive Title in Property Dispute — Continuous Possession for Over 30 Years Establishes Ownership Under Limitation Act, 1963. Adverse Possession Claim Succeeds as Defendants Fail to Prove Their Ownership or Possession of Survey No.85/1.

31 Mar 2005

The dispute concerns a property admeasuring about 6225 sq. metres, surveyed under No.85/1 as 'Shristhal' in Poinguinim village, Canacona Taluka, Goa. ...

Supreme Court

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.

26 Aug 2020

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

High Court

High Court of Bombay at Goa Allows Second Appeal in Land Dispute — Appellants' Possession and Cultivation Rights Upheld Over Respondent Company's Claim of Title. The Court held that the appellants, as original defendants, had established their possession and cultivation of the suit land for decades, and the respondent company failed to prove its title or possession, thereby reversing the appellate decree and restoring the trial court's dismissal of the injunction suit.

24 Jan 2014

The case involves a second appeal filed by the original defendants (appellants) against the judgment of the first appellate court which decreed a suit...

High Court

Bombay High Court Allows Second Appeals in Property Suit, Remands for Fresh Consideration on Issue of Possession and Limitation. The court held that the lower appellate court's findings on possession were perverse and not based on evidence, requiring a fresh adjudication on limitation and adverse possession under Article 65 of the Limitation Act, 1963.

30 Nov -0001

The case involves three second appeals arising from a suit for possession filed by Salvador Quadros (respondent/plaintiff) against Conceicao Quadros a...

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