Case Law - Adverse Possession

Case Law - Adverse Possession 

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*Adverse possession* - "Animus Possidendi" - It is one of the ingredients of adverse possession - Unless the person possessing the land has a requisite animus the period for prescription does not commence. (Limitation Act, 1963, Arts.64 & 65).
2007(2) Civil Court Cases 270 (S.C.)

*Adverse possession* - (i) It is possession of another's land with intent to hold and claim it as his own; it must commence in wrong and must be maintained against right; (b) It is possession with animus to hold the property in the possessor's own right and against the right of the rightful owner; (c) It is possession hostile and exclusive; (d) It is an invasion of the tile; (e) It is wrongful entry into possession - Possession for any length of time of a property belonging to one person by another person would not by itself constitute an adverse possession unless title of owner is denied and unless he demonstrates his hostile possession by any means - Adverse possession extinguishes right of real owner and creates a right in trespasser - Hostile character of possession be judged by animus of persons setting up adverse possession - Adverse possession when commenced has to be established.
1997(1) Civil Court Cases 330 (A.P.)

*Adverse possession* - A co-sharer cannot acquire title by adverse possession unless and until ouster of such co - sharer is duly proved. (Limitation Act, 1963, Art.65).
1994(2) Civil Court Cases 219 (Orissa)

*Adverse possession* - A person claiming adverse possession must show that - (i) He has been in occupation of the disputed property for more than 12 years without interruption; (ii) his possession was to the exclusion of all the persons; (iii) the said possession must be open and hostile to the true owner; (iv) the possession required must be adequate in continuity, in publicity and extent.
1999(3) Civil Court Cases 49 (Delhi)

*Adverse possession* - A person claiming adverse possession should show : (a) on what date he came into possession; (b) what was the nature of his possession; (c) whether the factum of possession was known to the other party; (d) how long his possession has continued, and (e) his possession was open and undisturbed - A person pleading adverse possession has no equities in his favour - Since he is trying to defeat the rights of the true owner, it is for him to clearly plead and establish all facts necessary to establish his adverse possession.
2008(4) Civil Court Cases 558 (S.C.)

*Adverse possession* - A person in adverse possession cannot seek declaration that he is owner in possession on the basis of adverse possession - Plea of adverse possession can only be taken in defence.
2013(2) Civil Court Cases 037 (P&H)

*Adverse possession* - A person is said to hold the property adversely to the real owner when that person in denial of the owner's right excluded him from the enjoyment of his property.
2007(3) Civil Court Cases 307 (S.C.)

*Adverse possession* - A person pleading adverse possession has no equities in his favour - As he is trying to defeat the rights of the true owner, it is for him to clearly plead and establish all facts necessary to establish his adverse possession. (Limitation Act, 1963, Arts. 65, 65).
2006(1) Civil Court Cases 198 (S.C.)

*Adverse possession* - A person who claims adverse possession should prove (a) on what date he came into possession, (b) what was nature of his possession, (c) whether factum of possession was known to the other party, (d) how long his possession has continued and (e) his possession was open and undisturbed. 2017(4) Civil Court Cases 595 (H.P.)

*Adverse possession* - A person who claims adverse possession should show: (a) on what date he came into possession, (b) what was nature of his possession, (c) whether factum of possession was known to the other party, (d) how long his possession has continued, and (e) his possession was open and undisturbed - A person pleading adverse possession has no equities in his favour - Since he is trying to defeat the rights of the true owner, it is for him to clearly plead and establish all facts necessary to establish his adverse possession.
2007(2) Civil Court Cases 187 (Rajasthan)

*Adverse possession* - A person who claims possession under colour of title from an original owner, cannot plead adverse possession, as both the pleas are inconsistent with each other.
2014(2) Civil Court Cases 461 (A.P.)

*Adverse possession* - A person who enters into possession by virtue of lease or a licensee cannot claim adverse possession. 2015(2) Civil Court Cases 605 (A.P.)