*Digest - Adverse Possession*

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*Adverse possession* - Once defendant claimed that construction over suit land was raised by him presuming himself to be owner, plea of adverse possession could not have been taken by him.
2017(4) Civil Court Cases 595 (H.P.)

*Adverse possession* - Once defendant made offer for exchange of land, no plea of adverse possession could be taken by them.
2017(4) Civil Court Cases 595 (H.P.)

*Adverse possession* - Once plaintiff proves his title, the burden of proof shifts to defendant to prove that he has perfected his title by adverse possession. (Limitation Act, 1963, Arts.64 & 65).
2007(2) Civil Court Cases 270 (S.C.)

*Adverse possession* - Once plea of adverse possession is raised, it pre-supposes the title over the suit land of the plaintiff.
2009(4) Civil Court Cases 356 (P&H)

*Adverse possession* - Once the defendant raises a plea of adverse possession, plaintiff is presumed to be owner of the suit land.
2008(1) Civil Court Cases 444 (P&H)

*Adverse possession* - One who claims his title on the basis of adverse possession, must show by clear and unequivocal evidence that his title was hostile to real owner and amounted to denial of his title to the property claimed - Such possession in denial of the true owner's title must be peaceful, open and continuous - Possession must be open and hostile enough to be capable of being known by the parties interested in the property, though it is not necessary that there should be evidence of adverse possessor actually informing the real owner of the former's hostile action.
2014(2) Civil Court Cases 502 (Rajasthan)

*Adverse possession* - One who holds possession on behalf of another or with another's consent or under title or assumed title, derived from another, cannot assert rights adverse to the title of the true owner - A plea of adverse possession is, in essence, a plea of ouster of title of the true owner and the vesting thereof in another.
2007(4) Civil Court Cases 698 (P&H)

*Adverse possession* - Open plot - Possession as to when commenced and when title perfected by adverse possession not known to the defendant - Simply because defendant is in long standing possession, that per se is not sufficient to draw an inference that their possession has become adverse to the knowledge of the true owner.
2006(2) Civil Court Cases 181 (Bombay)

*Adverse possession* - Oral transfer - Wife put into possession by husband by virtue of oral transfer which did not pass on title to wife - Wife cannot be held to have acquired title by adverse possession as two inseparable ingredient