What is Ouster in Indian Law? Full Guide & Application

2025 0 Supreme(Ker) 2402

from the moment when there is ouster. ... [(2007) 9 SCC 641] , the Supreme Court considered the issue of adverse possession and ouster in suits relating to partition. It was held that a plea of adverse possession or a plea of ouster would indisputably be governed by Articles 64 and 65 of the Limitation Act.

2025 0 Supreme(Ker) 2458

from the moment when there is ouster. ... The plea of ouster raised by the appellants must be considered in the light of the principles deduced above. Although the plea of ouster is a weak defence in a suit for partition, it is not altogether impermissible under law to put forward a claim for ouster in a suit for partition. ... To succeed on the ground of ouster, the person setting up ouster#HL_....

2025 0 Supreme(Ker) 2568

from the moment when there is ouster. ... Although the plea of ouster is a weak defence in a suit for partition, it is not altogether impermissible under law to put forward a claim for ouster in a suit for partition. The question further is, whether the appellants have succeeded in establishing their plea of ouster. ... Applicability of the principles of ouster. 21. ... To succeed on the ground of #HL_ST....

has acquired title to the land, is relevent on the question whether the ouster was justified. ... So that neither the fact that, at the date of the ouster pleaded, the Crown had title to the property in claim, nor the fact that, since the commencement of the action, the defendants have acquired title, is relevant on the question whether the ouster was justified. ... Now, the defendants cannot succeed in their prayer for a dismissal of....

Co-owners-Purchaser of entire property from a Co-owner-Prescription- Ouster. ... The plaintiff has failed to prove an ouster or to lead such evidence as to justify the Court in presuming that an ouster must have taken place at least ten years before the institution of the action. ... Nothing short of ouster or something equivalent to ouster could bring about that result." In that case, the defendan....

They complained of ouster by the defendants and prayed for a declaration of title in favour of the first plaintiff and for ejectment of the defendants. ... R. 101) should not be understood as depriving co-owners, who claim in rei vindicatio and fail to prove the alleged ouster, of all farther right of action to the land. Per Bonser, C.J. ... If he finds that plaintiffs have alleged an ouster which they cannot prove, or which he thinks i....

Gampaha 1,872 Res Judicata-Action on lease-Allegation of ouster and claim for damages- Case settled-Subsequent action far restoration of possession-Civil Procedure Code, s. 34. In C. R. ... Gampaha, 1,684, the plaintiff, alleging that he was entitled to possess certain rubber trees on a lease, complained of an ouster by the defendant and asked for damages sustained by him and continuing damages till date of judgment. ... In the earlier case the plain....

The ordinary rule which applies to possession by co-owners will then apply, viz., that before one can prescribe against the others there must be an ouster or something equivalent to an ouster. ... Batticaloa, 753/L Co-owners-Prescription-Transfer of entire land by a co-owner-Transferee's right to prescribe against the other co-owners-Ouster. ... Hence prescriptive possession will begin to run in his favour against th....

I am inclined to think that the doctrine of res judicata applies to all matters which existed at the time of the giving of the judgment and which the party had an opportunity of bringing before the Court. ... It is, however, plain to see that in such a case in regard to question of ouster and consequential damages the defendant cannot successfully evade liability to pay damages by proof of loss of title on the part of the plaintiff subsequent to the #HL_ST....

The last named is the form of ouster that applies to the case of co-owner who decides to keep out the other co-owners. Blackstone describes it thus-(ibid, p. 182). ... The argument for the appellants has been that this presumption of ouster, applies in their case that it is just and reasonable that the possession of the 13th defendant, having been exclusive and of long duration, should be regarded as having become....

2022 0 Supreme(Del) 317

Where an ouster clause occurs, it is pertinent to see whether there is ouster of jurisdiction of other Courts. It would not, however, ipso facto take away jurisdiction of other Courts. When the clause is clear, unambiguous and specific accepted notions of contract would bind the parties and unless the absence of ad idem can be shown, the other Courts should avoid exercising jurisdiction. As regards construction of the ouster clause when words like 'alone', 'only', 'exclusive'....

2019 0 Supreme(UK) 504

In this case, a plea was raised that certain properties were usufructuary mortgage. Their Lordships further observed that there can be no adverse possession by one co-sharer as against others until there is an ouster or exclusion; and the possession of a co-sharer becomes adverse to the other co-sharer from the moment there is ouster. Therefore, what is ouster and what is adverse to the interest of the claimant depends upon each case. But that was not in a manner to show that....

2019 0 Supreme(Telangana) 58

When the clause is clear, unambiguous and specific accepted notions of contract would bind the parties and unless the absence of ad idem can be shown, the other Courts should avoid exercising jurisdiction. It would not, however, ipso facto take away jurisdiction of other Courts. Where an ouster clause occurs, it is pertinent to see whether there is ouster of jurisdiction of other Courts. As regards construction of the ouster clause when words like 'alone', 'only', 'exclusive'....

2017 0 Supreme(Mad) 2733

Obviously, the matter in dispute is regarding affairs of the company alleged to be conducted prejudicial to the interest of the company, there is a matter which the Tribunal is empowered to determine. Thus, it is “matter” in dispute to be taken into consideration and not the “men” in dispute. Therefore, to decide whether the ouster clause applies or not, one has to unmask the plaintiffs and find out the matter in dispute. The subject matter squarely falls within the ambit of ....

2012 0 Supreme(All) 2658

Where an ouster clause occurs, it is pertinent to see whether there is ouster of jurisdiction of other Courts. When the clause is clear, unambiguous and specific, then accepted notions of contract would bind the parties and unless the absence of ad-idem can be shown, the other Courts should avoid exercising jurisdiction. It would not, however, ipso facto take away the jurisdiction of other Courts.