Digest - Adverse Possession

Digest - Adverse Possession

*Adverse possession* - Permissive possession at the inception does not become adverse merely by passing of long time in the absence of requisite animus - To prove adverse possession, defendants have to prove that their possession was unauthorized from the very beginning and they must plead disclaimer of title from a particular date, their hostile assertion and acquiescence of true owner for over a period of 12 years.
2011(3) Civil Court Cases 0759 (P&H)

*Adverse possession* - Permissive possession cannot be converted into adverse possession unless it is proved that the person in possession asserted adverse title to the property to the knowledge of the true owner for a period of 12 years or more.
2007(4) Civil Court Cases 370 (P&H)

*Adverse possession* - Permissive possession cannot become hostile by long lapse of time and it does not entitle the licencee to claim adverse possession.
2008(3) Civil Court Cases 758 (P&H)

*Adverse possession* - Person claiming adverse possession is required to establish (1) the date on which he came in possession; (2) nature of possession; (3) the factum of possession; (4) knowledge to the true owner; (5) duration of possession and (6) possession was open and undisturbed.
2011(1) Civil Court Cases 0699 (S.C.)

*Adverse possession* - Person claiming title to property by adverse possession must definitely allege and prove as to how and when the adverse possession commenced and what was the nature of his possession and whether the fact of his adverse possession was known to the real owner - Uninterrupted possession for several years is not enough. (Limitation Act, 1963, Art.65).
1993 Civil Court Cases 325 (Delhi)

*Adverse possession* - Person who claims adverse possession has to prove: (i) on what date he came into possession; (ii) what was the nature of his possession; (iii) whether factum of his possession was known to other party; (iv) how long his possession has continued; and (v) his possession was open and undisturbed.
2018(2) Civil Court Cases 858 (H.P.)

*Adverse possession* - Person who claims adverse possession must plead the identity of the true owner against whom he claims and acknowledge him in his plea.
2015(1) Civil Court Cases 026 (Kerala)

*Adverse possession* - Plaintiff can seek declaration of title on the plea of adverse possession - Plaintiff will be successful only if he proves all the ingredients of adverse possession.
2014(2) Civil Court Cases 227 (A.P.)

*Adverse possession* - Plaintiff cannot file suit based on plea of adverse possession.
2017(Suppl.) Civil Court Cases 274 (H.P.)

*Adverse possession* - Plaintiff cannot seek declaration of title on the basis of adverse possession - Plea is available only when proceedings are filed against such person arrayed as defendant.
2014(2) Civil Court Cases 378 (Delhi)

*Adverse possession* - Plaintiff cannot seek declaration of title on the basis of adverse possession - Such plea is available only when proceedings are filed against plaintiff and he is arrayed as defendant then he can take the plea of adverse possession as defence.
2015(3) Civil Court Cases 052 (Chhattisgarh)

*Adverse possession* - Plaintiff claiming adverse possession - Held, plaintiff can file a suit by way of defence to his right to claim possession over a particular property when his right to possession is invaded by the owner or by a stranger. (Limitation Act, 1963, Art.65).
1995(2) Civil Court Cases 144 (Delhi)

*Adverse possession* - Plaintiff claiming possession under an agreement of sale cannot plead adverse possession - His possession is pursuant to it and it is only permissible acknowledging title of true owner.
2001(1) Civil Court Cases 30 (A.P.)

*Adverse possession* - Plaintiff in possession of property as a lessee - He claimed rights over the property on the strength of agreement of sale - Held, plaintiff cannot claim adverse possession over the property.
2013(3) Civil Court Cases 374 (A.P.)

*Adverse possession* - Plaintiff in possession to the knowledge of public and to the owner - No evidence led in rebuttal to the assertion made by plaintiff - Plea of adverse possession, held, proved.
2007(4) Civil Court Cases 370 (P&H)

*Adverse possession* - Plaintiff not aware as to who is true owner of property - There remains no scope of denying the title of true owner nor exhibition of any hostile animus to the knowledge of the true owner comes - This itself goes to negate the claim of plaintiff as regards his acquisition of title over suit land by adverse possession.
2017(1) Civil Court Cases 590 (Orissa)

*Adverse possession* - Plaintiff pleaded that she perfected her title to suit properties by way of adverse possession - Plea rejected as period of 12 years was not completed by date of filing of suit - Moreover, plea of securing title by plaintiff from defendant Nos.2 & 3 by way of relinquishment is inconsistent with plea of adverse possession.
2015(4) Civil Court Cases 544 (Hyderabad)

*Adverse possession* - Plaintiff seeking declaration of title on the plea of adverse possession - Failure to prove adverse possession - Title of defendant stands established without any limitations.
2014(2) Civil Court Cases 227 (A.P.)

*Adverse possession* - Plaintiffs admitted title of defendants by specifically pleading adverse possession in their plaint - However, evidence on record is not enough to prove open hostile possession of plaintiffs over suit property for statutory period or extinction of same - Neither intention to hold property with hostile animus nor period of possession is proved by evidence - Plaintiff thus, failed to prove that title of defendants is extinguished.
2018(4) Civil Court Cases 464 (T&A)

*Adverse possession* - Plea - Plea of ownership and adverse possession cannot co-exist.
2010(4) Civil Court Cases 417 (P&H)

*Adverse possession* - Plea - To be alleged and proved - Plea of adverse possession cannot be accepted in the absence of particulars regarding the possession becoming open and hostile to the true owner.
2010(4) Civil Court Cases 417 (P&H)

*Adverse possession* - Plea by defendant - Burden is upon defendant to prove as to at what point of time his possession became hostile to the plaintiff and at what point of time it matured into title by way of adverse possession after lapse of 12 years - In the instant case it can be safely concluded that defendants have failed to prove hostile animus, if any, towards plaintiff, rather entire defence, written statement as well as statement it can easily be inferred that defendant claimed himself to be true owner in possession - Once defendant claimed that construction over the suit land was raised by him, presuming himself to be owner, plea of adverse possession could not have been taken by him and once defendants have made offer for exchange of land, no plea of adverse possession could be taken by them.
2017(4) Civil Court Cases 595 (H.P.)