*Digest - Adverse Possession

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*Adverse possession* - Can be used as a shield for continuing possession but not as a sword in as much as creating a title in favour of adverse possessee enabling him to execute the sale deed.
2017(1) Civil Court Cases 060 (Uttarakhand)

*Adverse possession* - Cannot be accepted against true owner, if person claiming such possession over property, is without knowledge or indirect permission of true owner.
2016(4) Civil Court Cases 477 (Uttarakhand)

*Adverse possession* - Cannot be claimed by one member of family against other member for want of any animus among them over land belonging to their family.
2018(1) Civil Court Cases 743 (S.C.)

*Adverse possession* - Cannot be set up by plaintiff to claim ownership - Such plea can be raised by defendant by way of defence in his written statement in answer to the plaintiff's claim.
2017(Suppl.) Civil Court Cases 267 (S.C.)

*Adverse possession* - Claim by Police Department - No Government Department, Public Undertaking, and much less the Police Department should be permitted to perfect the title of the land or building by invoking the provisions of adverse possession and grab the property of its own citizens in any manner - If the protectors of law become the grabbers of the property (land and building), then, people will be left with no protection and there would be a total anarchy in the entire country.
2011(4) Civil Court Cases 0706 (S.C.)

*Adverse possession* - Claim of adverse possession must be evidence in terms of the ingredients, viz. (i) On what date, the person came into possession? (ii) What was the nature of his possession? (iii) Whether the factum of possession was known to the other party? (iv) How long his possession has continued? (v) His possession was open and undisturbed? - Plea of adverse possession has no equities, rather this right has some instinct of piratical right.
2015(Suppl.) Civil Court Cases 498 (P&H)

*Adverse possession* - Claim of defendant that he was in possession of suit property for the last 35 years, not proved, as there is no document on record to prove the same - Plaintiff on the other hand stated that property fell to his share - Defendant did not make any cross-examination of plaintiff on this aspect - Witnesses proved on record that property belongs to plaintiff - Evidence adduced by defendant was shaky and shifty - Suit property rightly fell to the share of plaintiff - Plea of adverse possession, rejected.
2016(Suppl.) Civil Court Cases 031 (Rajasthan)

*Adverse possession* - Co-heir - Possession of one co-heir is presumed to be on the basis of joint title - The co-heir in possession cannot render his possession adverse to the other co-heir not in possession, merely by any secret hostile animums on his own part in derogation of the other co-heir's title - As between co-heirs there must be evidence of open assertion of hostile title, coupled with exclusive possession and enjoyment by one of them to the knowledge of the other so as to constitute ouster - The burden of making out ouster is on the person claiming to displace the lawful title of a co-heir by his adverse possession.
2008(4) Civil Court Cases 558 (S.C.)

*Adverse possession* - Co-heir has no right to claim his title against other co-heir on the basis of long possession over disputed property.
2019(1) Civil Court Cases 433 (Allahabad)

*Adverse possession* - Concept of - Held, conception of adverse possession fundamentally contemplates a hostile possession by which there is a denial of title of true owner - By virtue of remaining in possession possessor takes an adverse stance to the title of true owner - A mere possession or user or permissive possession does not remotely come near the spectrum of adverse possession - Possession to be adverse has to be actual, open, notorious, exclusive and continuous for the requisite frame of time as provided in law so that possessor perfects his title by adverse possession - Possession, as a right, does not come in aid solely on the base that owner loses his right to reclaim property because of his willful neglect but also on account of possessor's constant positive intent to remain in possession.
2014(1) Civil Court Cases 360 (S.C.)

*Adverse possession* - Concurrent finding of all the consolidation authorities that petitioner could not adduce any evidence to prove his adverse possession - No interference in finding of fact warranted.
2015(2) Civil Court Cases 712 (Allahabad)

*Adverse possession* - Contradictory pleas taken that of adverse possession and tenancy under plaintiff's father - Contradictory stand of defendant demolishes his entire case.
2013(1) Civil Court Cases 594 (P&H)