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pratik (self working)     17 July 2010

PLS ANSWER THE QUERY EXPERTS.

PLS ANSWER THE QUERY EXPERTS

Meaning of Title Suit & Declaration Suit (Also the difference between them & when to file . how can file it)

What do u mean by suit for adverse possession (also the meaning of adverse possession)

What do u mean by  suit for malicious prosecution (also the meaning of malicious & prosecution ) also tell me because i ahve heard that the the prosecution has not proved it properly so what do u mean by prosecution as per the case laws terms . becasue i think prosecution means behind the bars or jail term.

what do u mean by suit for redemption of mortgage (also the meaning of redemption of mortgage ) when can a person file it & how can file it.

what do u mean by suit for demarcation (also the meaning of demarcation ) when can a person file it & how can file it.

 the above query if possible with the help of a example(S)(S).

 Also if possible pls tell the books for the deatil study of suit & types of suit pls in which there are examples & case laws. pls pls

 Thanks in advance. God bless u all.



Learning

 2 Replies

N.K.Assumi (Advocate)     18 July 2010

Title suit is a suit upon which a title depends is either not in its nature capable of satisfactory proof or being capable of such proof is yet not satisfactorily proved or where the tile is doubtful by reason of some uncertainity in the law itself; or where the doubt is as to the application of some settled principle or rule of law.

Declaratory suit is under section 42 of the specefic relief act in which the Plaintiff requires the Court to declare some right existing in his favor.

Adverse possession means possession of a property by a  person on his behalf or on behalf of some other person, the true owner having a right to immediate possession. But if the true owner does not enforce his right within the period prescribed by the law relating to limitation, the possession of the former becomes adverse to the true owner and rippens into ownership.

Ayub S. Pathan (Legal Adviser)     21 July 2010

Mr. Pratik,

If you are interested, then read Specific relief Act for Declaratory decrees.

For Adverse Possession Limitation Act, And for suit for redemption Read

Transfer of property Act.


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