Adverse possession = if in possession under invalid document by virtue of which the transferee gets no title or right, his possession is adverse to the transferor to count for adverse possession as person in possession claiming right of his own against the real owner under invalid document is tantamount to denial of title = when P perfected title by adverse possession from his open, peaceful and uninterrupted possession in his own way of enjoyment and not on behalf of G the original owner under the void gift, right from said un-registered gift deed dated 21.02.1966 (Ex.B-2) the plaintiffs suit for declaration which is beyond three years barred by law under Article 58 of the Limitation Act, though otherwise maintainable for recovery of possession under Article 65 of the Act, since the right and title of G since extinguished and right by adverse possession created in favour of P, G is not entitled to the suit reliefs and thereby, the trial Court when dismissed the suit, for this Court while sitting in appeal there is nothing to interfere.

if in possession under invalid document by virtue of which the transferee gets no title or right, his possession is adverse to the transferor to count for adverse possession as person in possession claiming right of his own against the real owner under invalid document is tantamount to denial of title = when P perfected title by adverse possession from his open, peaceful and uninterrupted possession in his own way of enjoyment and not on behalf of G the original owner under the void gift, right from said un-registered gift deed dated 21.02.1966 (Ex.B-2) the plaintiffs suit for declaration which is beyond three years barred by law under Article 58 of the Limitation Act, though otherwise maintainable for recovery of possession under Article 65 of the Act, since the right and title of G since extinguished and right by adverse possession created in favour of P, G is not entitled to the suit reliefs and thereby, the trial Court when dismissed the suit, for this Court while sitting in appeal there is nothing to interfere.

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APEX COURT DIGEST - Jan.2017 [6]

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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

"(i) Whether  Section 6  of the Hindu Succession Act, 1956, as amended by the Amendment Act , 2005 is prospective or retrospective in operation? (ii) Whether  Section 6  of the Hindu Succession Act, 1956 as amended by the Amendment Act , 2005 applies to daughters born prior to 17.6.1956? (iii) Whether  Section 6  of the Hindu Succession Act, 1956 as amended by the Amendment Act , 2005 applies to daughters born after 17.6.1956 and prior to 9.9.2005? (iv) Whether  Section 6  of the Hindu Succession Act, 1956 as amended by the Amendment Act , 2005 applies only to daughters born after 9.9.2005? (v) Whether the decision of the Division Bench in the case of Vaishali Ganorkar is per in curium of Gandori Koteshwaramma and others?"   In addressing an argument that the Explanation to  Section 6  clearly provides that partition means any partition made by execution of a deed duly registered under the  Registration Act , 1908...
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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

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