Digest - Adverse Possession
*Adverse possession* - Plea can be raised in defence in a suit for recovery of possession but the relief of declaration that the plaintiff has become absolute owner cannot be claimed.
2008(4) Civil Court Cases 778 (P&H)
*Adverse possession* - Plea can be raised only by way of defence and not by way of offence - A person cannot file suit to seek declaration that he has become owner of the suit property by way of adverse possession - On the other hand a person in adverse possession can only raise this plea by way of defence.
2011(1) Civil Court Cases 0697 (P&H)
*Adverse possession* - Plea of - Adverse possession is a question of fact and the same has to be specifically pleaded and proved - In absence of specific plea and issue and evidence, finding of Court on the point cannot be sustained. (Limitation Act, 1963, Arts.64, 65, Civil Procedure Code, 1908, Order 6 Rules 1,2).
2005(2) Civil Court Cases 663 (S.C.)
*Adverse possession* - Plea of - Available as a defence to the defendant - Plaintiff cannot base his claim of ownership by adverse possession.
2012(2) Civil Court Cases 616 (P&H)
*Adverse possession* - Plea of - Burden is on defendant to prove as to on what particular date he asserted his hostile title contrary to the interest of the plaintiff and that the assertion was public and open.
2007(3) Civil Court Cases 430 (Gujarat)
*Adverse possession* - Plea of - Does not behove a Government undertaking to take up the plea of adverse possession. (Limitation Act, 1963, Art.65).
1991 Civil Court Cases 629 (P&H)
*Adverse possession* - Plea of - Failure to prove uninterrupted adverse possession against the true owner - Defendant held, not entitled to claim ownership of property by adverse possession. (Limitation Act, 1963, Arts.64, 65).
2008(1) Civil Court Cases 252 (P&H)
*Adverse possession* - Plea of - Not a pure question of law but a blended one of fact and law - A person who claims adverse possession should show (a) on what date he came into possession, (b) what was the nature of his possession, (c), whether the factum of possession was known to the other party, (d) how long his possession has continued, and (d) his possession was open and undisturbed - A person pleading adverse possession has no equities in his favour as he is trying to defeat the rights of true owner, it is for him to clearly plead and establish all facts necessary to establish his adverse possession.
2004(3) Civil Court Cases 326 (S.C.)
*Adverse possession* - Plea of - Not available to a person or agency who enters the possession, on the strength of allotment or transfer - The very commencement of possession in a case of adverse possession, is the result of an illegality.
2013(2) Civil Court Cases 048 (A.P.)
*Adverse possession* - Plea of adverse possession has to have roots in pleadings as well as in evidence - Possession should be peaceful, open and continuous and it should be adequate in continuity, in publicity and in extent to show that possession is adverse to the true owner - It must start with a wrongful dispossession of the original owner and is actual, visible, exclusive, hostile and continued over the statutory period - In the absence of pleadings on record, plea of adverse possession has to be ignored.
2015(Suppl.) Civil Court Cases 498 (P&H)
*Adverse possession* - Plea of adverse possession is a substantive plea of fact and law - It needs specific pleadings and evidence - Law of adverse possession is no more res integra and has been dealt within detail, time and again.
2015(2) Civil Court Cases 112 (All.)
*Adverse possession* - Plea of adverse possession is essentially a plea based on facts - It is required to be proved by party raising it on the basis of proper pleadings and evidence - Burden to prove such plea is on the defendant who had raised it.
2017(3) Civil Court Cases 311 (S.C.)
*Adverse possession* - Plea of adverse possession is not a pure question of law - It is interpretation based on following text mechanism: (a) On what date defendant came into possession (b) What was the nature of possession (c) Whether factum of possession was known to plaintiffs (d) How long his possession had continued (e) Whether possession was open and undisputed.
2015(4) Civil Court Cases 583 (P&H)
*Adverse possession* - Plea of adverse possession is not pure question of law but a blended of fact and law.
2018(2) Civil Court Cases 858 (H.P.)
*Adverse possession* - Plea of adverse possession is only a shield and not a sword at all.
2016(1) Civil Court Cases 321 (Kerala)
*Adverse possession* - Plea of adverse possession is only available to defendant if he admits the ownership of true owner over suit property to the knowledge of true owner - If defendant does not admit plaintiff's ownership over suit land, issue of adverse possession, cannot be tried successfully at the instance of defendant against plaintiff - Moreover, defendant having claimed ownership over suit land by inheritance as an adopted son of father of plaintiff, having failed to prove this ground, is not entitled to claim title by adverse possession against plaintiff.
2017(3) Civil Court Cases 311 (S.C.)
*Adverse possession* - Plea of defendant negatived - Thereafter, defendant has no right to continue in possession of the suit land and plaintiff being owner of suit land is entitled to possession thereof.
2013(1) Civil Court Cases 594 (P&H)
*Adverse possession* - Plea of easementary right - Contradictory pleas - If defendant proves plea of adverse possession, there is no further need to prove any easementary right, as person in adverse possession has all attributes of an owner of suit landand an owner of suit land cannot claim easementary right qua the same parcel of land, as both these pleas are contradictory and negative of each other.
2018(1) Civil Court Cases 362 (H.P.)
*Adverse possession* - Plea of ownership and plea of adverse possession are mutually destructive of each other - Both these pleas are inconsistent and are not tenable.
2013(3) Civil Court Cases 489 (P&H)
*Adverse possession* - Plea of ownership on the ground of purchase of property and plea of adverse possession are mutually destructive and inconsistent with one another - Plea of adverse possession means admission of plaintiff to be true owner.
1999(3) Civil Court Cases 49 (Delhi)
*Adverse possession* - Plea of permissive possession is destructive to the plea of adverse possession - Having taken the plea that they were in adverse possession it is not open to the defendants to urge that they were in permissive possession.
1992 Civil Court Cases 628 (P&H)
*Adverse possession* - Plea of title and adverse possession - Plea of adverse possession is mutually destructive to plea of title - Unless defendants abandon one, they cannot rely on the other.
2018(4) Civil Court Cases 186 (T&A)
