Case Law - Adverse Possession

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*Adverse possession* - A person who enters into possession having a lawful title cannot divest another's title by pretending that he had no title at all.
2015(2) Civil Court Cases 112 (Allahabad)

*Adverse possession* - A person who enters into possession of the property under an invalid transaction of transfer by way of sale etc. and continues in possession for more than twelve years, then, even if the illegal transfer by itself may not convey the title, but, the adverse possession which commence from the date of entering into possession under the illegal transaction or the sale transaction, entered upon not in accordance with law, then the person acquires and perfects title to the property on completion of twelve years as owner.
1997(2) Civil Court Cases 514 (H.P.)

*Adverse possession* - A person who enters possession under colour of title possessory or proprietary, whether perceived or assumed shall not thereafter be heard or urge that his possession is adverse to the possessory and proprietary rights of the true owner - Possession under colour of title, inheres in the trespasser, a belief that his possession is legal and valid - An assertion of adverse possessory title would, therefore, be a contradiction in terms.
2009(3) Civil Court Cases 418 (P&H)

*Adverse possession* - A person who obtained possession of property under an executory contract of sale, cannot ask for declaration of his title even on the ground that he had remained in possession of property for more than 12 years, contending that his possession is adverse to vendor who is the real owner.
2016(1) Civil Court Cases 391 (Hyderabad)

*Adverse possession* - A person who pleads adverse possession must not only prove the factum of continuous possession, spread over a period exceeding 12 years but also prove that such possession was open and adverse to actual owner.
2015(2) Civil Court Cases 752 (A.P.) (DB)

*Adverse possession* - A person who possess property of another with a mistaken belief that he himself is true owner of that property or that much extent of property also forms part of his remaining property, cannot claim right of adverse possession, as he does not know or recognize and acknowledge that it is the property of another person and that possession can never be in denial of the true owner's possession.
2015(1) Civil Court Cases 026 (Kerala)

*Adverse possession* - A person who puts forward a hostile title to the title of the true owner is not entitled to any equities in his favour inasmuch as he wants to defeat the title of the true owner.
1999(3) Civil Court Cases 49 (Delhi)

*Adverse possession* - A plea of adverse possession arises where a person alleges long established, hostile, open and uninterrupted possession, to the knowledge of the true owner - The possession must be with intent, express or implied to hold the property in denial of the legal rights of the true owner - A successful plea of adverse possession must be adequate, in continuity, in publicity and in intent - Possession of property, howsoever long, without the knowledge of the true owner, or without intent to hold adverse to the title of the true owner, would negate such a plea.
2007(4) Civil Court Cases 698 (P&H)

*Adverse possession* - A tenant can never claim adverse possession against the true owner.
1998(1) Civil Court Cases 184 (P&H)

*Adverse possession* - Absence of plea in written statement - There is no question of defendant having perfected his title by way of adverse possession to the knowledge and hostile to the true owner.
2017(Suppl.) Civil Court Cases 154 (Delhi)