ADVERSE POSSESSION

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*Adverse possession* - Crucial facts to constitute adverse possession must be pleaded.
2008(4) Civil Court Cases 558 (S.C.)

*Adverse possession* - Date of entry into suit land was not mentioned - In encroachment case, plaintiff prayed for settlement of land in his favour - Element of hostile animus is thus absent - Courts below perfectly justified in holding that plaintiff failed to substantiate his case - Plea of adverse possession not proved.
2019(1) Civil Court Cases 550 (Orissa)

*Adverse possession* - Decree of title in favour of plaintiff does not interrupt defendant's adverse possession - Cause of action for recovery of possession accrues fro the date of defendant's adverse possession and not from the date of decree. (Limitation Act, 1963, Art.65).
1990 Civil Court Cases 374 (Kerala)

*Adverse possession* - Defendant already filed a suit for recovery against the plaintiff - Once the plaintiff claims himself to be a tenant, he cannot substantiate his claim for adverse possession.
2008(4) Civil Court Cases 778 (P&H)

*Adverse possession* - Defendant claimed title which was proved to be false or fabricated - Burden is very heavy upon him to prove actual, exclusive, open, uninterrupted possession for 12 years - Plaintiff made out a clear and absolute title to the property - Defendant not able to make out title or adverse possession for more than 12 years - Held, plaintiff has title to the suit property.
2011(1) Civil Court Cases 0026 (S.C.)

*Adverse possession* - Defendant claiming to be in possession on the strength of part performance - Plea of title by adverse possession is not available.
1999(Suppl.) Civil Court Cases 171 (H.P.)

*Adverse possession* - Defendant in permissive possession - Property was given for celebration of marriage of daughter of defendant - Plea of adverse possession raised by defendant for the first time when plaintiff filed suit for possession - Major portion of property in possession of plaintiff - Held, possession of defendant was permissive and not adverse to plaintiff.
2007(4) Civil Court Cases 498 (Rajasthan) (DB)

*Adverse possession* - Defendant not sure as to who is the true owner - Held, question of his being in hostile possession and the question of denying title of the true owner does not arise. (Limitation Act, 1963, Arts.64 & 65).
2006(4) Civil Court Cases 311 (S.C.)

*Adverse possession* - Defendants failed to plead and prove as to under what capacity they were residing in suit property - Defendants were in possession of property in question without any legal right - Defendants can only be treated as trespassers and question of claiming adverse possession does not arise.
2018(1) Civil Court Cases 799 (Madras)

*Adverse possession* - Disclaiming title of true owner - By getting electricity, water and sewerage connection in one's own name or in the name of family members and by letting out portions of house to tenants, do not by itself indicate disclaiming title of the true owner.
2006(3) Civil Court Cases 253 (P&H)

*Adverse possession* - Ejectment order - Mere passing of ejectment order neither causes dispossession nor discontinuation of possession - It is actual dispossession which breaks continuity of possession. (Limitation Act, 1963, Art.65).
2001(1) Civil Court Cases 717 (S.C.)

*Adverse possession* - Enjoyment of property as his own for more than 12 years before the date of suit - If true owner does not take any action within the period of limitation then it can be said that person in possession has perfected his title by adverse possession as the three conditions of 'peaceful', 'open' and 'continuous' possession to constitute adverse possession are satisfied.
2003(2) Civil Court Cases 65 (Kerala)

*Adverse possession* - Exchange of land - Oral - Registered deed not executed - Possession of plaintiff for more than 20 years - Transaction between parties was simply a mutual arrangement for convenience and was never a transaction of exchange in the strict sense of S.118 TPA - Possession of parties over exchanged land was permissive - Once the possession is permissive the same cannot be converted into adverse possession - Held, plaintiff did not acquire title over the suit land by way of adverse possession. (Limitation Act, 1963, Article 65, Transfer of Property Act, 1882, Ss.54 & 118).
2007(1) Civil Court Cases 617 (Orissa)

*Adverse possession* - Extinguishment of right of real owner is dependent on establishment of adverse possession by person in possession and question of establishment of adverse possession arises only when a suit is filed for possession based on title.
2016(1) Civil Court Cases 321 (Kerala)

*Adverse possession* - Finding on perfection of title by adverse possession - Unwarranted when such a plea is not taken and specific issues are not framed and parties let in evidence on that aspect.
2009(2) Civil Court Cases 689 (A.P.)

*Adverse possession* - For the purpose of proving adverse possession/ouster the defendant must also prove animus possidendi.
2008(4) Civil Court Cases 558 (S.C.)

*Adverse possession* - Government should not be permitted to perfect the title by invoking the provision of adverse possession.
2013(3) Civil Court Cases 489 (P&H)