title by adverse
possession springs into action essentially by default or
inaction of the owner. Adverse possession is a hostile possession
by clearly asserting hostile ... continuous
possession by itself would not constitute adverse possession if it
was either permissive possession or possession without animus
possidendi and the pleas based
first appellate
court has accepted the plea unmindful of the fact that a plea of adverse
possession can only be raised against a true owner ... adverse possession. The finding
that the respondents have perfected their title by adverse possession is
contrary to the principles that govern a plea of adverse
defence and could not have raised
the plea of ownership and also the plea of adverse
possession.
22. Moreover, the plea of adverse possession ... failed
to plead the essential ingredients of adverse
possession. In absence of the essential
ingredients of adverse possession, no amount
of evidence can be looked
plea
for adverse possession and the possession must be without title against a
person with original title and then only adverse possession would arise ... merely adverse possession. In our
view, a suit merely based on adverse possession or to call it a title by
adverse possession is not maintainable
adverse possession. The learned counsel submitted that the plaintiff cannot seek for declaration that he has prescribed title by adverse possession and the plea ... found to be in adverse possession, it cannot seek a declaration to the effect that such adverse possession has matured into ownership. Only if proceedings
take inconsistent pleas i.e. claim both under the regular title as well as under the plea of adverse possession reliance was placed upon ... competent to take inconsistent pleas, however, dealt on the question of her plea of adverse possession in detail on the basis of the evidence adduced
basis of adverse possession is
not maintainable when such suit is filed by the person in adverse possession
and that such a plea could only ... declaration of title on the basis of
adverse possession is not maintainable, where such adverse possession is
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mere possession or permissive possession does not
demonstrate spectrum of adverse possession. For claiming
adverse possession, the defendants must prove that their
possession ... adverse possession in favour of respondents is not well
founded. Ingredients of adverse possession are not attracted. The
filing of suit for possession
suit land by way of adverse
possession, as his possession over the suit land is open, continuous and
adverse since 1987, more than 12 years ... judgment
has held that the appellant could raise plea of adverse possession in rebuttal
of the counter claim but he did not file any reply
possession of the suit land. The plaintiff is out
of possession of the suit land so there is no question of adverse
possession ... adverse possession. At all
times in the plaint, the plaintiffs have pleaded for long continuous
possession over 40 years. If the possession is admitted
