Adverse Possession (Arranged alphabetically)

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*Adverse possession* - Amongst co - owners - There must be open assertion of hostile title coupled with exclusive possession and enjoyment by one of them to the knowledge of the others. (Limitation Act, 1963, Art.65).
1990 Civil Court Cases 384 (S.C.)

*Adverse possession* - Amongst co - sharers - In the case of co - owners the law requires to constitute ouster, proof of something more than mere exclusive possession and exclusive receipt of income - Alongwith exclusive possession, there must be a hostile, open denial and an open repudiation of other co - owner's right to the latter's knowledge - The co - owner, as such, in exclusive possession cannot render his possession adverse to the other co - owners merely by secret, hostile animus on his own part, in derogation of the other co - owner's title.
1996(2) Civil Court Cases 118 (H.P.)

*Adverse possession* - Amongst co - sharers - Plea of ouster - Possession of one co - sharer in law is possession of all co - sharers - To constitute Adverse possession, ouster of the non possessing co - sharer has to be made out - There must be evidence of open assertion of a hostile title coupled with exclusive possession and enjoyment by one of them to the knowledge of the other - In the case of co - owner the test of ouster is more exacting than in the case of strangers. (Limitation Act, 1963, Art.65).
1994(2) Civil Court Cases 682 (Delhi)

*Adverse possession* - Amongst co-sharers - Plaintiff in possession - No legal and acceptable evidence that their possession was hostile and had ripened into title - Possession was on behalf of each and every co-sharer - Held, plaintiff cannot seek declaration to the effect that he has become owner of suit land by way of adverse possession.
2016(4) Civil Court Cases 498 (H.P.)

*Adverse possession* - Available to a person who holds possession under an invalid deed of transfer of title.
1989 Civil Court Cases 266(2) (M.P.)

*Adverse possession* - Burden of proof - Adverse possession means a hostile assertion i.e. a possession which is expressly or impliedly in denial of title of true owner - Burden is on defendant to prove affirmatively.
1999(3) Civil Court Cases 49 (Delhi)

*Adverse possession* - Burden of proof - If a plaintiff successfully establishes his title over suit property, he is entitled for relief of recovery of possession and burden to prove that a defendant has perfected his title through adverse possession squarely rests upon defendant who raises such plea.
2015(2) Civil Court Cases 752 (A.P.) (DB)

*Adverse possession* - Burden of proof - Lies on the party claiming adverse possession to prove that his possession became adverse to real owner. (Limitation Act, 1963, Art.65, Evidence Act, 1872, Ss.101, 102).
2000(3) Civil Court Cases 367 (A.P.)

*Adverse possession* - By pleading adverse possession a party admits initial title of opposite party, which however is said to have extinguished.
2018(4) Civil Court Cases 464 (T&A)

*Adverse possession* - Can be claimed against the owner of property - Plea of adverse possession cannot be claimed against the unknown owner.
2013(3) Civil Court Cases 640 (Jharkhand)

*Adverse possession* - Can be used as a shield and not as a sword - Plaintiff cannot seek declaration that adverse possession has matured into ownership - Plaintiff can only use his adverse possession as a shield/defence when a suit is filed against him.
2013(4) Civil Court Cases 638 (S.C.)