Adverse Possession Limitation Act, 1963 (36 of 1963), Section 27 — Adverse possession – – Defendant was held to be exclusive possession of the suit land and was also held to be co-sharer in the suit land to the extent of 1/4thshare – It is sufficient to prove the plea of ouster — 25 houses existing in aforementioned khasra number — Ouster by way of adverse possession vis-à-vis other cosharers proved. March 12, 2023 phlaw
Adverse Possession Punjab Village Common Lands Code of Civil Procedure, 1908 (V of 1908), Section 9 — Punjab Village Common Lands (Regulation) Act, 1961 (18 of 1961), Section 13 – Common land of mustarka malkan reserved for garha khad–- Plaintiffs had originally filed suit for permanent injunction and claimed ownership of the property as well and asserted his claim on the plea of adverse possession against the gram panchayat – Such a suit is legally barred under Section 13 of the Act. March 12, 2023March 12, 2023 phlaw
Adverse Possession Amendment of written statement Limitation Act Code of Civil Procedure, 1908 (V of 1908), Order 6 Rule 17 – Amendment of written statement – Plea of adverse possession by way of amendment — HELD case where fraudulently the nature and character of the case is being sought to be changed — Trial Court is well justified in dismissing the application for amendment. March 12, 2023March 12, 2023 phlaw
Adverse Possession Code of Civil Procedure, 1908 , S 9 — Limitation Act, 1963 , S 27 — Suit for Adverse possession — Suit filed by the plaintiff for declaration that he has become owner of the suit property by way of adverse possession is not maintainable. March 12, 2023 phlaw
Adverse Possession Adverse possession – Simultaneous plea — Plaintiff cannot breath hot and cold in the same breath — On the one hand, plaintiff claimed the property to be owned and possessed by him on the strength of oral purchase by his father and at the same time he has claimed the property on the strength of adverse possession — Both the pleas cannot go simultaneously. March 12, 2023 phlaw
Adverse Possession Adverse possession — Co-sharer’s possession – Possession of one co-sharer is deemed to be possession of all, unless and until the said co-sharer can establish exclusive possession with the intention to oust the right of the other co-sharer — Dismissed March 12, 2023 phlaw
Adverse Possession Limitation Act Limitation Act, 1963 (36 of 1963), Section 27 — Adverse possession – Permissive possession — Possession did not commence with the wrongful dispossession of the plaintiffs, which is one of the pre-requisites and essential ingredients to maintain the plea of adverse possession — Adverse and permissive possession are mutually inconsistent with each other. March 12, 2023 phlaw
Adverse Possession Limitation Act Limitation Act, 1963 (36 of 1963), Section 27, Article 65 — Adverse possession – sale deeds in favour of defendants executed by the attorney of the owner, became null and void, on account of the fact that owner had expired, the possession of the defendants became hostile, as they no longer could be stated to be in permissive possession on the basis of the prior mortgage March 12, 2023March 12, 2023 phlaw
Injunction Ex parte injunction granted – 51 adjournments granted most of which without recording any reason by simpliciter stating ‘Adjourned for consideration”. Civil revision allowed. March 8, 2023March 8, 2023 phlaw
Common Intention Murder Penal Code, 1860 (IPC) – Section 302 read with section 34 – Murder – Common intention – Appeal against acquittal – Common intention can be formed at the spur of the moment and during the occurrence itself – February 28, 2023 phlaw
