Digest - Adverse Possession Case Law Covered from 1987 to 2019

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*Adverse possession* - Licensee - If initial possession is permissive, burden is heavy on licensee to prove that it has become adverse after termination of licence and continued as hostile against true owner - Where possession of a licensee becomes adverse, after termination of licence, his possession adverse to the knowledge of the licensor must be proved by cogent and convincing evidence - Mere possession for however length of time does not result in converting the permissive possession to adverse possession. (Abraham Mathew Vs Mariamma Yohannan)
2015(1) Civil Court Cases 684 (Kerala)

*Adverse possession* - Limitation - Period of limitation runs even during the period of minority - Plea of adverse possession can be taken even against a person who is under legal disability.
1998(1) Civil Court Cases 149 (A.P.)

*Adverse possession* - Limitation - Starting point - Limitation does not commence from the date when the right of ownership arises to the plaintiff but commences from the date defendant's possession becomes adverse. (Limitation Act, 1963, Arts. 65, 65).
2006(1) Civil Court Cases 198 (S.C.)

*Adverse possession* - Limitation - Starting point - Starting point of limitation does not commence from the date when the right of ownership arises to the plaintiff but commences from the date the defendants' possession becomes adverse. (Limitation Act, 1963, Arts.64 & 65).
2007(2) Civil Court Cases 270 (S.C.)

*Adverse possession* - Limitation of 12 years begins to run from the date of defendant's interest becomes adverse to the plaintiff.
1999(3) Civil Court Cases 49 (Delhi)

*Adverse possession* - Long duration of possession does not automatically assign the ownership by way of adverse possession - Assertion of title adverse to the real owner has to be proved by clear and unequivocal assertion - Mere long duration of possession does not assign ownership by way of averse possession.
2017(Suppl.) Civil Court Cases 154 (Delhi)

*Adverse possession* - Long possession of more than 12 years without intention to possess the suit land adversely to the title of the plaintiff cannot result in acquisition of title by adverse possession. (Limitation Act, 1963, Art.65).
2004(2) Civil Court Cases 31 (S.C.)

*Adverse possession* - Long possession of suit property will not create any interest over suit property in favour of defendants.
2018(1) Civil Court Cases 799 (Madras)

*Adverse possession* - Long possession without payment of rent - Encroachment and possession of more than 20 years admitted and possession being actual, exclusive land peaceful for such period, ingredients of adverse possession are established. (Limitation Act, 1963, Art.65).
1993 Civil Court Cases 723 (P&H)

*Adverse possession* - Meaning of entry `Gair Marusi' in revenue record - Entry of gair marusi is made irrespective of fact as to whether occupier is tenant or not - Status of occupant can be determined on combined reading of all the entries in the jamabandi particularly the entry made in column of rent - In the instant case, entries in jamabandies in the column of rent depict the possession of defendants and their predecessors over this land on account of deemed sale - Consequently, question of tenancy of defendants or their predecessors over the said land does not arise from the entries in the revenue record - On the contrary, the said entries proved the defendants' case that they and their predecessors have been in adverse possession of the said land.
2011(4) Civil Court Cases 0317 (P&H)

*Adverse possession* - Meaning. Adverse possession really means a hostile possession which is expressly or impliedly in denial of the title of the true owner, and in order to constitute adverse possession, the possession proved must be adequate in continuity, in publicity and in extent so as to show that in adverse to the true owner. The classical requirements of acquisition of title by adverse possession are that such possession in denial of the true owner's title must be peaceful, open and continuous. The possession must be open and hostile enough be capable of being known by the parties interested in the property, though it is not necessary that there should be evidence of the adverse possessor actually informing the real owner of he former's hostile action.
1987 Civil Court Cases 149 (H.P.)

*Adverse possession* - Means a hostile possession i.e. possession in denial of the title to the true owner - To claim adverse possession the possession must be actual, physical, exclusive, hostile and continuous during the statutory period of limitation.
2002(1) Civil Court Cases 313 (Raj.)

*Adverse possession* - Means hostile possession which is expressly or impliedly in denial of title of the true owner - Mere long possession is not sufficient - In order to constitute adverse possession the possession must be adequate in continuity, in publicity and in extent so as to show that it is adverse to the true owner - The classical requirements of acquisition of title by adverse possession are that such possession in denial of the true owner's title must be peaceful, open and continuous - The 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 the adverse possessor actually informing the real owner of the former's hostile action. (Limitation Act, 1963, Arts.64 & 65).
2006(4) Civil Court Cases 311 (S.C.)

*Adverse possession* - Mere admission made by defendant cannot be considered to be proof positive of factum of adverse possession by plaintiff - Defendant's title to and ownership of property and plaintiff's possession thereof being hostile to such true owner be established. (Evidence Act, 1872, Art.65).
1994(1) Civil Court Cases 268 (A.P.)

*Adverse possession* - Mere long possession cannot be construed to be adverse qua the real owner - In the written all that is mentioned that they are in cultivating possession of land for the last more than 30 to 35 years - Such a possession can be permissive unless a hostile title is set up - In absence of pleading of adverse possession no issue framed - Held, possession of the defendants is permissive in law.
1997 (Suppl.) Civil Court Cases 455 (P&H)

*Adverse possession* - Mere long possession cannot establish ownership by way of adverse possession - Defendants are required to establish their hostile possession by clearly asserting their hostile title in denial to the title of true owners and such possession must be proved to be peaceful, open, continuous in publicly and must start with a wrongful disposition of true owner.
2016(3) Civil Court Cases 548 (P&H)

*Adverse possession* - Mere possession alone is not sufficient to establish adverse possession - Possession must be open and hostile to the knowledge of true owner.
1992 Civil Court Cases 126 (P&H)