*Digest - Adverse Possession*

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*Adverse possession* - Mere possession for however length of time does not result in converting permissive possession to adverse possession.
2015(1) Civil Court Cases 684 (Kerala)

*Adverse possession* - Mere possession for long time does not convert permissible possession into adverse possession.
2016(4) Civil Court Cases 001 (S.C.)

*Adverse possession* - Mere possession however long does not necessarily mean that it is adverse to the true owner - It means hostile possession which is expressly or impliedly in denial of the title of the true owner - 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 possession must be open and hostile enough so that it is known by the parties interested in the property.
2011(1) Civil Court Cases 0699 (S.C.)

*Adverse possession* - Mere possession however long does not necessarily mean that it is adverse to true owner - Adverse possession really means hostile possession which is expressly or impliedly in denial of 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 it is adverse to true owner.
2015(1) Civil Court Cases 026 (Kerala)

*Adverse possession* - Mere possession of immovable property by a person for any length of time never give rise to a case of acquisition of title by adverse possession - It has to be open, peaceful, continuous possession and intention of possessor in possessing the land remains the most important factor for consideration.
2016(4) Civil Court Cases 197 (Orissa)

*Adverse possession* - Mere possession of suit land for any length of time, whatever it may be, is not enough to give rise to a case of acquisition of title by adverse possession.
2017(1) Civil Court Cases 590 (Orissa)

*Adverse possession* - Mere possession of suit land for long time is not suffice to hold as to title perfected by way of adverse possession, unless classical requirements of adverse possession are pleaded and proved.
2019(1) Civil Court Cases 550 (Orissa)

*Adverse possession* - Mere possession or permissive possession does not demonstrate spectrum of adverse possession - Possession should be adequate in continuity, in publicity and extent to show that possession is adverse to very knowledge of true owner - Possession must start with a wrongful dispossession of rightful owner and should be actual, visible, exclusive, hostile and continued for a statutory period.
2015(4) Civil Court Cases 583 (P&H)

*Adverse possession* - Mere possession over a statutory period is not sufficient to succeed in a plea of adverse possession unless it is accompanied by adverse animus - Possession of a person bona fide believing that the property belongs to him cannot be construed to be adverse - Plaintiff must have had somebody in his mind as owner and enjoy the property to the knowledge of that person against his interest.
1999 (Suppl.) Civil Court Cases 264 (Kant.)

*Adverse possession* - Mere tethering of cattle or storing of fuel or logs on waste or open land is not adverse possession - It is merely a case of user and not of possession of the open land.
2003(1) Civil Court Cases 463 (Rajasthan)

*Adverse possession* - Merely because a person is in possession of immovable property for a period of more than 12 years, he cannot acquire title to said property unless he pleads and proves that he perfected his title by adverse possession.
2014(Suppl.) Civil Court Cases 444 (A.P.)

*Adverse possession* - Merely putting cow dung cakes in a vacant piece of land does not prove exclusive adverse possession.
2018(4) Civil Court Cases 804 (P&H)

*Adverse possession* - Must be adequate in continuity, in publicity and extent - A plea is required at the least to show when possession became adverse so that the starting point of limitation against the party affected can be found - Long possession is not necessarily adverse possession and the prayer clause is not a substitute for a plea.
2008(4) Civil Court Cases 558 (S.C.)

*Adverse possession* - Must be adequate in continuity, in publicity and in extent to show that it is possession adverse to the competitor.
2008(4) Civil Court Cases 558 (S.C.)

*Adverse possession* - Mutually inconsistent or mutually destructive pleas must not be taken in plaint - Whenever the plea of adverse possession is raised, it presupposes that owner is someone else and person taking the plea of adverse possession is not the actual owner but has perfected his title by prescription since the real owner failed to initiate any proceeding for restoring the possession within the prescribed period under the statue.
2015(2) Civil Court Cases 112 (Allahabad)

*Adverse possession* - No declaration of ownership rights over suit property can be granted to plaintiff on the strength of adverse possession.
2017(Suppl.) Civil Court Cases 800 (S.C.)

*Adverse possession* - No ingredient of adverse possession on record - Defendant has thus failed to prove his adverse possession.
2017(4) Civil Court Cases 558 (H.P.)

*Adverse possession* - Not pleaded as to from which date possession became adverse - Plea of adverse possession not maintainable.
2017(Suppl.) Civil Court Cases 267 (S.C.)

*Adverse possession* - Not pleaded when adverse possession completed and ripened into full ownership - Plea of adverse possession not maintainable.
2017(Suppl.) Civil Court Cases 267 (S.C.)

*Adverse possession* - Notice dated 11.8.1964 alleging trespass - Suit filed on 09.09.1980 - Plaintiff for 12 years not sought possession - Second notice issued on 20.10.1978 by that time his right to seek possession of suit property has got extinguished - When suit was presented on 09.09.1980 it was beyond period of limitation as per S.27 of Limitation Act. (Limitation Act, 1963, S.27).
2018(3) Civil Court Cases 107 (Madras)

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