VIKAS BAHL
Lekh Ram – Appellant
Versus
Ami Lal (Deceased) through his LRs. – Respondent
JUDGMENT :
Vikas Bahl, J.
1. This judgment has been divided into the following sections:
| S. No. | Title | Paragraph | Page |
| 1. | CM-4173-C-2011 for impleadment |
| 2660 |
| 2. | Challenge in the instant second appeal | 1 | 2660 |
| 3. | Arguments put forth on behalf of the appellants | 2-5 | 2660-2662 |
| 4. | Arguments put forth on behalf of the respondents | 6-9 | 2662-2664 |
| 5. | Rebuttal arguments | 10-11 | 2664-2665 |
| 6. | Findings of the Court | 12-46 | 2665-2680 |
CM-4173-C-2011
1.1 This is an application filed under Order 1 Rule 10 read with Section 151 CPC for impleadment of the applicants namely (I) Dr. Mrs. Amarjit Singh wife of Late Dr. Amarjit Singh and (II) Dr. Vanit Nalwa daughter of late Dr. Amarjit Singh, both residents of S-64, Panchseel Park, New Delhi as respondents.
2. Learned Senior Counsel for the applicants has submitted that although by virtue of the present application, two persons were sought to be impleaded but the present application be only considered for impleading applicant No. (ii) i.e. Dr. Vanit Nalwa daughter of late Dr. Amarjit Singh as the applicant No. (i) Dr. Mrs. Amarjit
Bhupinder Nath (Died) through LRs. and another vs. Surasti (Died) through LRs. 2005 (2) RCR(Civ) 335
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A claim for ownership based on adverse possession requires stringent adherence to pleading and evidentiary standards; mere long possession without clear assertions fails to establish a right.
A tenant cannot claim adverse possession against the landlord; the burden of proof lies on the tenant to demonstrate cessation of the landlord-tenant relationship.
Title and adverse possession claims mutually inconsistent; adverse possession requires proof of specific hostile, open, continuous possession known to owner. No interference with concurrent factual f....
Claim of adverse possession requires open, continuous possession with knowledge to the rightful owner. Plaintiffs failed to provide sufficient evidence, resulting in dismissal.
Mere possession for a long time does not convert permissive possession into adverse possession. The burden of proof rests on the party claiming adverse possession, and unregistered documents may not ....
Permissive possession does not mature into adverse without hostile animus known to owner and proof of continuous, open denial of title for 12 years; no re-appreciation of concurrent factual findings ....
Point of Law : Civil Law - Possession - A party laying his claim on basis of adverse possession in some property has to prove as to date, time and manner in which possession is converted into open, h....
The judgment emphasizes the legal principles of adverse possession, including the requirements of open, clear, continuous, and hostile possession, burden of proof, and the need for a substantial ques....
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