Does a finding of title by adverse possession in an earlier suit apply to the same property where only the described extent differs?
Coram: Justice R.Sakthivel
A finding of title by adverse possession in an earlier suit applies to the same property where only the described extent differs.
Yes. A finding of title by adverse possession in an earlier suit applies to the same property where only the described extent differs. The suit property in the earlier proceedings and in the present suit were pretty much one and the same in identity, lie and location, and the difference in the described extent was no hurdle to applying the declared title.
Permanent injunction — Unlawful occupant — True owner — Tenancy — Proof — Adverse possession — Earlier suit — Permanent injunction — Unlawful occupant against the true owner — Held: An unlawful occupant cannot seek a permanent injunction against the true owner of the property, and the equitable relief must be refused to one who is neither a tenant nor a lawful occupant. (¶21, 23) Tenancy — Plea of tenancy — What must be proved — Held further: A person claiming to be a tenant must prove the landlord, the period of tenancy and the rate of rent; an unregistered rental agreement unsupported by proof of payment or by the lessor's evidence establishes nothing. (¶20) Adverse possession — Finding in an earlier suit — Difference in described extent — Held further: A finding of title by adverse possession in an earlier suit applies to the same property where only the described extent differs and the identity, lie and location are the same. Second Appeal dismissed. (¶19, 24)
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