He, however, contends that the suit property in his occupation bears the site no. The High Court did not examine any of these aspects and by a cursory judgment, reversed the well considered judgment of the trial court. Defendants' interest in the Property was valid and enforceable. The High Court has ignored these well settled principles. The defendant has not produced any evidence to show that he was in possession of the suit property for a period of 12 years prior to the filing of the suit by plaintiff on 24. The specific case of defendant was that he was the tenant of Gowramma in regard to the schedule property vacant site from the year 1962, initially on a monthly rent of Rs. The first appellate court can re-appreciate evidence and record findings different from those recorded by the trial court.
This may at best prove adverse possession of suit property by defendant from 1978. It must include some act done by the defendant since in the absence of such an act no cause of action can possibly accrue. The suit explains why a recent 6th U. If so, it is doubtful anything remained in site no. The judgment and decree of the High Court is set aside and the judgment and decree passed by the trial court is restored. Therefore, it would be hazardous to hold that in a civil suit whatever be the relief that is prayed, the court can on examination of facts grant any relief as it thinks fit. But it is unnecessary 13 to examine that aspect as we are not concerned with site no.
The court needs to know what relief you are asking for. The defendant has not produced any evidence to show that he was in possession of the suit property for a period of 12 years prior to the filing of the suit by plaintiff on 24. If so, you can find an appropriate notary block for your state by searching the web. This court found the judgment of the High Court was sketchy and cryptic, and therefore issued limited notice to the respondent on 15. Abdul Awal alienated 33 decimals of land of dag no.
To file a quiet title action, you will first need to draft a petition. Admittedly neither of them is the suit property. Except his vague and interested statement which is proved to be false, there is no evidence to show that he was in possession for a period of 12 years prior to the suit of plaintiffs. District Judge, Bangalore, she became the owner of the suit property. If you cannot afford the fee, then ask for a fee waiver form and fill it out.
Unless the person possessing the property has the requisite animus to possess the property hostile to the title of the true owner, the period for prescription will not commence. Blacks Law Dictionary 2nd Pocket Edition 2001 Id. There is considerable force in the contention of 16 defendant provided he is able to establish adverse possession for more than 12 years. You should arrange service before filing or shortly thereafter. You can get a copy of the deed to see if there are any liens listed on the property. While the plaintiffs have made out a clear and absolute title of the property, the defendant has not been able to make out title or adverse possession for more than 12 years. The trial court decreed the Suit.
B may sue A either in Calcutta or in Delhi. It is related to the date of cause of action. It also held that he had not perfected his title by adverse possession. You can find this court address by looking on the web or in a phone book. Neither the correspondence between defendant and City Survey Department subsequent to the suit nor the katha, sanction of plan and tax receipts of the years 1991, 1992, and 2002 all subsequent to the suit , are of any relevance.
Since the appellant's claim is founded on section 53A of Transfer of Property Act, 1882 , it goes without saying that he admits by implication that he came into possession of land lawfully under the agreement and continued to remain in possession till date of the suit. Time-sensitive information should not be sent through this form. When Plaintiffs defaulted on the Note, causing Defendants to foreclose on the Property, Plaintiffs lost any interest they could claim in the Property, and Plaintiffs have no evidence to establish they have an interest in the Property. An example of a blank form from the Pennsylvania courts is available at. The defendant has not produced any evidence to show that he was in possession of the suit property for a period of 12 years prior to the filing of the suit by plaintiff on 24. The body of your petition will include important information about the dispute.
The defendant was also inducted into the possession of 33 decimals of land of dag no. The relevant title documents were exhibited. It is a settled law that if a person want justice must comes with clean hands. We have heard the learned counsel. The plaintiffs have produced and marked as Ex. The complaint must be filed it the Court.