ADVERSE POSSESSION

Sl No.TitleCoramDate of JudgementSubjectHeadNotes
46SHRI AJIT CHOPRA Vs. SADHU RAM AND ORS.Coram: M.JAGANNADHA RAO, M.B.SHAH02/11/1999Code of Civil Procedure, 1908. Sections 11 and 47-Eviction decree in rent control proceedings- Decree not executed and time barred-Suit based on title filed within 12 years of eviction proceedings attaining finality-Tenant claiming adverse posseAllowing the appeal, the Court HELD: 1. The Rent Appellate Authority declared that there was in fact, a relationship of landlord and tenant between the parties and ordered eviction on 30.9.1957. The said declaration as to the nature of the relaClick here to see Subject, Head Notes, Citation and Judgement
47ISHWAR DASS JAIN (DEAD) THR. LRS. Vs. SOHAN LAL (DEAD)BY LRS.Coram: M.JAGANNADHA RAO, M.B.SHAH29/11/1999Civil Procedure Code, 1908-Sec. 100-Suit for redemption by mortgagor-Claim of mortgagee that mortgage was a sham document to by-pass tenancy laws- Mortgagee, claiming to be a tenant paying rent- Mortgagee also questioning title of the mortgagor-SuAllowing the appeal by the Plaintiff, the Court HELD : 1. It is essential for the High Court to formulate a substantial question of law and it is not permissible to reverse the Judgment of the first appellate Court without doing so. There are twClick here to see Subject, Head Notes, Citation and Judgement
48MAMO AND ANR. Vs. COMMITTEE OF MANAGEMENT SHRI GURDWARA GAINB^AND ORS.Coram: S.P.KURDUKAR, SYED SHAH MOHAMMED QUADRI01/12/1999Sikh Gurdwaras Act, 1925-Sections 5(3), 10(3) and 28-Suit for possession of undisputed notified property based on title-Challenged on the ground of limitation-Earlier suit instituted within limitation in respect of same property decreed-Symbolic pDismissing the appeal, the court HELD: 1. The properties included in the notifications under sub-section (3) of Section 5 or sub-section (3) of Section 10 are treated as undisputed properties under Section 28 of the Sikh Gurdwaras Act. Sub-sectiClick here to see Subject, Head Notes, Citation and Judgement

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