Digest - Adverse Possession

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*Adverse possession* - Holding of property in secrecy will not satisfy one of crucial ingredients which constitute possession adverse to title of landlord - It must be capable of giving notice to all concerned or interested person and it should be open and hostile.
2018(4) Civil Court Cases 496 (Kerala)

*Adverse possession* - Hostile character of the possession can be inferred by the animus of the person setting up adverse possession - There must be clear assertion of hostile title - This possession must be to the knowledge of the owner. (Limitation Act, 1963, Art.65).
1996(1) Civil Court Cases 384(2)(H.P.)

*Adverse possession* - Hostile possession - Knowledge of same cannot be attributed from a stray entry in the jamabandi without any status which is smuggled into revenue record not having been made in accordance with law or without an order of Court to induct into possession and furthermore when this stray entry is contrary to the earlier entries reflected in the revenue record - Revenue Officer has no authority and jurisdiction to make a change in the record-of-rights save and except to the extent permissible under the law and that too after due notice to the affected party, failing which no presumption is attached to such an entry.
2012(1) Civil Court Cases 102 (H.P.)

*Adverse possession* - House given for residence by employer during course of employment - Wife of employee claiming adverse possession - Held, wife is not entitled to claim adverse possession as possession of house was clearly of her husband and she had been residing therein as his wife and not in her own capacity.
2006(3) Civil Court Cases 253 (P&H)

*Adverse possession* - If the chain of possession or continued possession ceased or interrupted particularly at the time of filing of suit, adverse possession extinguishes and earlier long possession even if more than the statutory period would not give any advantage if possession has been lost at the time of filing of suit.
2015(2) Civil Court Cases 112 (Allahabad)

*Adverse possession* - Illegal possession does not necessarily constitute adverse possession or hostile possession. (Limitation Act, 1963, Art.65).
1993 (Suppl.) Civil Court Cases 226 (M.P.)

*Adverse possession* - In absence of any evidence with regard to hostile possession, the continuity in possession for a long time could not be adverse but could be permissive possession.
2000(1) Civil Court Cases 628 (Orissa)

*Adverse possession* - In deciding whether the acts, alleged by a person, constitute adverse possession, regard must be had to the animus of the person doing those acts which must be ascertained from the facts and circumstances of each case - The person who bases his title on adverse possession, therefore, must show by clear and unequivocal evidence i.e. possession was hostile to the real owner and amounted to a denial of his title to the property claimed.
1999(3) Civil Court Cases 49 (Delhi)

*Adverse possession* - In order to defeat title of plaintiff on the ground of adverse possession, it is obligatory on the part of defendant to specifically plead and prove as to since when their possession became adverse - If it was permissive or obtained pursuant to some sort of arrangement, plea of adverse possession would fail.
2015(2) Civil Court Cases 112 (Allahabad)

*Adverse possession* - Instances of State or its instrumentality raising the plea of adverse possession against the citizens is unknown to law.
2013(2) Civil Court Cases 048 (A.P.) Ð 5 3 Š
*Adverse possession* - Is a hostile possession by clearly asserting hostile title in denial of the title of true owner - Party claiming adverse possession must prove that his possession is peaceful, open and continuous - Possession must be adequate in continuity, in publicity and in extent to show that their possession is adverse to the true owner - It must start with a wrongful disposition of the rightful owner and be actual, visible, exclusive, hostile and continued over the statutory period.
2004(3) Civil Court Cases 326 (S.C.)

*Adverse possession* - Is of two kinds: (i) Adverse from beginning or; (ii) that become so subsequently.
2015(2) Civil Court Cases 112 (Allahabad)

*Adverse possession* - It is not a pure question of law but a blended one of fact and law.
2019(1) Civil Court Cases 550 (Orissa)

*Adverse possession* - It is possession hostile to the true owner - If the person is not sure as to who is the true owner then question of his being in hostile possession and question of denying title of true owner does not arise.
2007(3) Civil Court Cases 696 (S.C.)

*Adverse possession* - it is that possession which is peaceful, open, and continuous and this possession is required to be in continuity and in publicity - It must be actual, visible, exclusive, hostile and continuous for over the statutory period. (Limitation Act, 1963, Art.65).
1996(1) Civil Court Cases 384(2)(H.P.)

*Adverse possession* - It must be pleaded and proved that possession is adequate, in continuity, in publicity and in extent and adverse to the true owner - Mere long possession for more than 12 years without intention to possess the suit land adverse to the title of the plaintiff and to the latter's knowledge cannot result in acquisition of title by prescription.
2006(1) Civil Court Cases 125 (Karnataka)

*Adverse possession* - Joint Family Property - Claim of adverse possession has to be proved by leading cogent and sufficient evidence - Mere entry in the Khasra Girdawari is not enough to prove an adverse possession over such property.
2002(1) Civil Court Cases 313 (Raj.)

*Adverse possession* - Joint Family Property - In order to establish adverse possession of joint property or joint family property, ouster must be pleaded and proved - A member of a joint family claiming absolute title to a certain property as having been allotted to him in partition cannot claim taking an inconsistent plea that he acquired title to said property by adverse possession - Question of his prescribing title to property owned by him by adverse possession would never arise.
2005(3) Civil Court Cases 575 (A.P.)

*Adverse possession* - Law as to - Needs a change as law of adverse possession deprives the ownership of a person merely for inaction within limitation - The law at present is extremely harsh for the true owner and a windfall for a dishonest person who had illegally taken possession of the property of the true owner - Law should not benefit a person who takes possession of the property of the owner in contravention of law.
2008(4) Civil Court Cases 558 (S.C.)

*Adverse possession* - Lessee - Cannot set up title adverse to landlord.
1998(1) Civil Court Cases 82 (P&H)

*Adverse possession* - Licencee - Getting electricity and water connection in his name - No ground to hold that he had become owner by way of adverse possession.
2008(2) Civil Court Cases 315 (P&H)