Registration ofthe documents by itself can not operate as notice to the plaintiff that third defendant was holding the property adverse to him and dealing with it as full owner. Knowledge ouster and exclusive possession with the requisite animus are facts to be alleged and proved by defendants 3 and 4 in O.S. 208/78 who pleaded adverse possession. There is no such plea and there is no such proof also.

Registration  of the documents  by itself can not operate      as notice  to the     plaintiff that third      defendant       was   holding  the   property   adverse to      him and  dealing with      it as      full   owner.   

 Knowledge ouster        and exclusive possession  with the requisite  animus  are  facts to  be       alleged  and      proved by     defendants 3  and 4  in      O.S.      208/78 who pleaded adverse  possession.      There is  no such  plea and  there is no      such proof   also.



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APEX COURT DIGEST - Jan.2017 [6]

Writ - praying to declare that explanation to Section 6 of the amendment Act of 39 of 2005, Explanation: for the purpose of this Section partition means any partition made by execution of a deed of partition duly registered under the Registration Act, 1908 (16 of 1908) or partition effected by a decree of a court as unconstitutional and the same is liable to be struck down and etc; -2015 KAR(2015) msklawreports

Or.39, Rule 1 & 2 and Sec. 151 and sec.94 of C.P.C - Police aid when to be granted - hear both parties when resisted - to avoid dispossession of actual possessor with the help of police aid - identify the property before issuing of police aid with the help of advocate commissioner if necessary - since the defendant pleaded that before the filing of suit and after filing of the suit ,he never trespassed into the suit schedule property nor violated interim injunction order - even though no evidence of violation of injunction not filed , the lower court feels that no prejudice would be caused to the respondent when police aid is granted -2013 A.P. msklawreports