long his possession has continued, and (e) his
possession was open and undisturbed. A person
pleading adverse possession has no equities in his
favour. Since ... possession
of land lawfully under the agreement
and continued to remain in possession
till date of the suit. Thereby the plea of
adverse possession
possession adverse to the
knowledge of real owner. Mere possession for
howsoever length of time does not result in
converting the permissible possession into adverse ... long his possession has
continued, and ( e) his possession was open and
undisturbed. A person pleading adverse possession
has no equities in his favour. Since
title and protection of the possession or the restoration of
possession. Nature of right acquired by adverse possession and even
otherwise as to the right ... whether such
possession was adverse to the wakf. It is not disputed that in law a
title by adverse possession can be established against wakf
least to show when
possession becomes adverse. The Court also held that long
possession is not necessarily adverse possession.
13. The Trial Court also relied ... consider at least to
abolish "bad faith" adverse possession, i.e., adverse
possession achieved through intentional trespassing.
Actually believing it to be their
joint
possession even with respect to the Doctor's Lane house
which is admittedly untrue and untenable. The relief of
possession was added ... Defendant Nos.3 to 5
have perfected their title by adverse possession, in any
event.
On the other hand, Sri M.C. Bhandare, learned counsel
bailiff, or
guardian, or trustee, his possession can only become adverse
by some change in his position. Adverse possession not only
entitled the adverse possessor ... that mere
possession however long does not necessarily means that it is
adverse to the true owner. Adverse possession really means
the hostile possession which
declaration can be sought on the basis of adverse possession inasmuch as
adverse possession can be used as a shield and not as a sword ... effect that the appellant is in possession of adverse possession since
13.4.1952 operates as res- judicata. Subject to this clarification, the
appeal is dismissed
concurrent findings as to the fact of possession of the
respondents held that the adverse possession of the
defendants commenced during the pendency ... adverse
possession. It held that the possession of the defendants-
respondents became adverse when their appeal in their suit
for possession was dismissed
Adverse Possession-Possession of co-heir, when adverse-
Ouster-Possession of Receiver pendente lite, if can be
tacked.
HEADNOTE:
V died an infant ... possession, who claims his possession to be.
adverse, should be made out. The possession of one co-heir
is considered, in law, as possession
possession who
claims his possession to be adverse, should be
made out. The possession of one co-heir is
considered, in law, as possession ... title. The co-heir in possession cannot render
his possession adverse to the other co-heir, not in
possession, merely by any secret hostile animus
