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Saturday, June 19, 2010

Limitation Act, 1963

S.27--Adverse Possession--Facts which are necessary to be pleaded and proved when plea of adverse possession is raised laid down by Apex Court after analyzing law in Hemaji Waghaji Jat vs. Bhikabhai Khengarbhai Harijan & Ors. discussed.; Jeet Singh (since deceased) through L.Rs. v. Molu Ram (since deceased) through L.Rs., ; 2010(1) Law Herald (P&H) 828
S.27--Adverse Possession--Whether mere non-payment of rent would put to an end to relationship of landlord and tenant so as to assert hostile possession in favour of a person who claims adverse possession--No--Mere non-payment of rent will not put an end to relationship of landlord and tenant so as to declare possession to be open and hostile to true owner.; Jeet Singh through L.Rs. v. Molu Ram (since deceased) through L.Rs., ; 2010(1) Law Herald (P&H) 828
S.27--Adverse Possession--Whether plea of adverse possession can be raised by filing suit for declaration by a person who pleads uninterrupted possession--No--Plea of adverse possession is available only as defence.; Jeet Singh (since deceased) through L.Rs. v. Molu Ram (since deceased) through L.Rs., ; 2010(1) Law Herald (P&H) 828
S.27--Adverse Possession--Whether plea of adverse possession can be accepted in absence of particulars regarding possession becoming upon and hostile to true owner--No--In absence of particulars regarding it becoming hostile and open such a plea cannot be answered--Plea of ownership and adverse possession cannot co-exits.; Jeet Singh (since deceased) through L.Rs. v. Molu Ram (since deceased) through L.Rs., ; 2010(1) Law Herald (P&H) 828