AI Overview...
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Suit for Declaration of Title and Possession - Courts recognize that a suit for declaration of ownership and possession can be filed when a person claims rights over land, including through adverse possession, provided they can prove hostile, continuous, and settled possession. Courts have upheld such suits when the claimant demonstrates clear evidence of possession hostile to the true owner, but cases also emphasize that mere possession does not automatically establish ownership or adverse possession rights. Krishan Chand VS Amar Nath - Himachal Pradesh, Om Prakash VS Urban Improvement trust, Bikaner - Current Civil Cases, Fakrullah Khan VS Perka Pocha - Andhra Pradesh
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Adverse Possession - To succeed in a claim based on adverse possession, the claimant must prove possession that is hostile, continuous, exclusive, and with the intention to possess as owner, supported by clear and unequivocal evidence. Courts have dismissed suits where the claimant fails to prove hostile possession or where possession is not settled or adverse. Krishan Chand VS Amar Nath - Himachal Pradesh, Om Prakash VS Urban Improvement trust, Bikaner - Current Civil Cases
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Presumption of Possession - Law presumes possession to be in accordance with the title unless rebutted, and the true owner can only resume possession lawfully. This presumption favors the defendant unless the plaintiff can establish hostile, adverse possession. Meera Awasthi VS Ajeet Awasthi - Allahabad
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Suit for Declaration and Possession - Such suits are maintainable and are the appropriate remedy for establishing ownership or possession rights, including cases based on adverse possession or title through wills or transfers. Courts have upheld suits where the plaintiff claims ownership based on last genuine Will or possession, and where possession is admitted but ownership is disputed. Meera Awasthi VS Ajeet Awasthi - Current Civil Cases, Jeet Singh VS Tilak Raj - Himachal Pradesh, Jeet Singh VS Tilak Raj - Current Civil Cases
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Proof of Possession and Title - Courts require clear evidence to establish adverse possession or ownership, including proof of hostility, continuous possession, and compliance with legal formalities. In cases involving wills, the validity of the will and mutation entries are critical. Meera Awasthi VS Ajeet Awasthi - Current Civil Cases, Jeet Singh VS Tilak Raj - Himachal Pradesh, Sri Madana Gopalaswamy Temple VS Saride Manikyam - Andhra Pradesh
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Conclusion - A suit for declaration on the basis of possession is permissible when the claimant can substantiate adverse, settled, and hostile possession, or ownership through valid title documents like wills. The courts emphasize the importance of proof and adherence to legal formalities, and such suits serve as effective remedies for property disputes involving possession and ownership claims.
Search Results for "Suit for Declaration on Bases on Possession"
2016 0 Supreme(HP) 645 • India - Himachal Pradesh
AJAY MOHAN GOEL
Palle Venkata Subba Rao Fact of the Case: The plaintiff filed a suit for declaration and injunction against the defendants ... claiming adverse possession of the suit land. ... The trial court decreed the suit in favor of the plaintiff, declaring him as the owner of the land by way of adverse possession. ... Even if the plaintiff is found to be in adverse possession, it cannot seek a declaration to the effect that such adverse possession#H....
1980 0 Supreme(All) 421 • India - Allahabad
MURLIDHAR
Fact of the Case: Plaintiffs filed a suit for possession after cancellation of a gift deed executed by Munshi Lal in ... Whether the plaintiff's suit can succeed on the ground that the appellant did not prove the gift deed in accordance with Section ... The trial court and lower appellate court decreed the suit on the ground that the appellant failed to prove the gift deed in accordance ... Once that position is reached, the suit has to fail because the plaint in substance bases even....
• India - Current Civil Cases
ATUL KUMAR JAIN
Adverse possession—Suit for declaration of title—Dismissed by trial court—Appeal—Instantly appellant failed to prove even his settled ... possession on suit property, what to talk of adverse possession of suit property—It is settled law that one who bases his title ... on basis of adverse possession, must show by clear and unequivocal evidence that his title was hostile to real owner and amounted ... Hon’ble the Apex Court felt an u....
2024 0 Supreme(All) 46 • India - Allahabad
MANISH KUMAR NIGAM
Law presumes the possession to go with the title unless rebutted. ... Possession can only be resumed by the true owner in accordance with law. ... Possession - Property Dispute - Indian Law, Midnapur Zamindary Co. Ltd. Vs. ... , a suit for declaration and possession, with or without a consequential injunction, is the remedy. ... Law relied upon by the defendants/petitioners does not lay down that under any circumstances suit bases on posses....
• India - Current Civil Cases
MANISH KUMAR NIGAM
has committed no illegality in protecting possession of plaintiff – Petition dismissed. ... by lower Appellate Court – Question of title is yet to be adjudicated in trial and possession of plaintiff is admitted over property ... settled possession cannot be dispossessed except in accordance with law – Plaintiff is residing in the house with consent of defendants ... , a suit for declaration and possession, with or without a consequential injunction, is the remedy. ... Law relied upon b....
1956 0 Supreme(AP) 181 • India - Andhra Pradesh
VISWANATHA SASTRY, SATYANARAYANA RAJU
for declaration of title and recovery of possession. ... DEVADASI SERVICE INAM - ENFRANCHISEMENT - EFFECT - TITLE TO LANDS - RIGHT TO POSSESSION - SUIT FOR DECLARATION OF TITLE AND RECOVERY ... Whether the suit for declaration of title and recovery of possession was maintainable in view of the adverse order in O. P. ... No. 65 of 1949 was filed on behalf of Sri Madana Gopalaswamyvaru of Ballipadu by its Executive Officer for a declaration#H....
2017 0 Supreme(HP) 153 • India - Himachal Pradesh
AJAY MOHAN GOEL
On these bases, plaintiff filed said suit praying for decree for declaration that he was owner in possession of suit land on the basis of last genuine ‘Will’ of deceased testator Charanji Lal dated 26.3.1996 and mutation entered in favour of defendant Tilak Raj on the basis of ‘Will’ dated 6.2.1996 was ... the alternative for decree for possession in case defendant succeeded in ousting the plaintiff from the suit land during the pendency of the suit.....
• India - Current Civil Cases
AJAY MOHAN GOEL
On these bases, plaintiff filed said suit praying for decree for declaration that he was owner in possession of suit land on the basis of last genuine ‘Will’ of deceased testator Charanji Lal dated 26.3.1996 and mutation entered in favour of defendant Tilak Raj on the basis of ‘Will’ dated 6.2.1996 was ... the alternative for decree for possession in case defendant succeeded in ousting the plaintiff from the suit land during the pendency of the suit.....
2012 0 Supreme(Mad) 4776 • India - Madras
S.VIMALA
Civil Procedure Code, 1908, Order 41 Rule 27 - Suit pertaining to possession, damages as well as declaration – Plaintiff had inherited ... the property- Claim for damages dismissed while the one for declaration and possession were accepted- Defendant claims dismissed ... they had conceded the rights of the plaintiff in another previous document in the past – Defendant have to vacate and hand over possession ... The plaintiffs filed the suit in O.S.No.162 of 2001 seeki....
1963 0 Supreme(AP) 142 • India - Andhra Pradesh
MANOHAR PERSHAD
POSSESSION - SUIT FOR DECLARATION OF TITLE AND POSSESSION - PREVIOUS POSSESSION - PLAINTIFF ENTITLED TO DECREE AGAINST TRESPASSER ... Fact of the Case: Plaintiff filed a suit for declaration of title and possession of land, alleging that he was the ... for possession of the land, while dismissing his claim for declaration of title. ... Such a possession would not entitle him to a decla....
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