15. "Adverse possession "means a hostile possession which is
expressly or impliedly in denial of title of the true owner. Under Article 65 of
the Limitation Act, burden is on the defendants to prove affirmatively. A person
who bases his title on adverse possession must show by clear and unequivocal
evidence i.e. possession was hostile to the real owner and amounted to a denial
of his title to the property claimed. In deciding whether the acts, alleged by a
person, constitute adverse possession, regard must be had to the animus of the
person doing those acts which must be ascertained from the facts and
circumstances of each case. The person who bases his title on adverse
possession, therefore must show by clear and unequivocal evidence i.e.
possession was hostile to the real owner and amounted to a denial of his title to
the property claimed. (See Annasaheb v. B.B. Patil, 1995(2) RRR 370 : AIR
1995SC 895 at 902).
"14. ........Adverse possession means a [hostile
possession] which is expressly or impliedly in denial
of title of the true owner. Under Article 65 [of
the Limitation Act,] burden is on the defendants to
prove affirmatively. A person who bases his title on
adverse possession must show by clear and
unequivocal evidence i.e. possession was hostile to the
real owner and amounted to a denial of his title to the
property claimed. In deciding whether the acts, alleged
by a person, constitute adverse possession, regard
must be had to the animus of the person doing those
acts which must be ascertained from the facts and
circumstances of each case. The person who bases his
title on adverse possession, therefore, must show by
clear and unequivocal evidence i.e. possession was
hostile to the real owner and amounted to a denial of
his title to the property claimed....." (See Annasaheb v.
B.B. Patil; (1995) 2 SCC 543).
"15. "Adverse possession" means a hostile possession
which is expressly or impliedly in denial of title of the
true owner. Under Article 65 of the Limitation Act,
burden is on the defendants to prove affirmatively. A
person who bases his title on adverse possession must
show by clear and unequivocal evidence ie. possession
was hostile to the real owner and amounted to a denial of
his title to the property claimed. In deciding whether the
acts, alleged by a person, constitute adverse possession,
regard must be had to the animus of the person doing
those acts which must be ascertained from the facts and
circumstances of each case. The person who bases his title
on adverse possession, therefore, must show by clear and
unequivocal evidence i.e. possession was hostile to the
real owner and amounted to a denial of his title to the
property claimed. (See Annasaheb v. B.B. Patil, 1995(2)
RRR 370 at 902)."
42. SA 310.25.odt
7
"15. "Adverse possession" means a hostile possession
which is expressly or impliedly in denial of title of the
true owner. Under Article 65 of the Limitation Act,
burden is on the defendants to prove affirmatively. A
person who bases his title on adverse possession must
show by clear and unequivocal evidence ie. possession
was hostile to the real owner and amounted to a denial
of his title to the property claimed. In deciding whether
the acts, alleged by a person, constitute adverse
possession, regard must be had to the animus of the
person doing those acts which must be ascertained from
the facts and circumstances of each case. The person
who bases his title on adverse possession, therefore,
must show by clear and unequivocal evidence i.e.
possession was hostile to the real owner and amounted
to a denial of his title to the property claimed. (See
Annasaheb v. B.B. Patil, 1995(2) RRR 370 at 902)."
15. "Adverse possession "means a hostile possession which
is expressly or impliedly in denial of title of the true owner. Under Article
65 of the Limitation Act, burden is on the defendants to prove
affirmatively. A person who bases his title on adverse possession must
show by clear and unequivocal evidence i.e. possession was hostile to the
real owner and amounted to a denial of his title to the property claimed.
In deciding whether the acts, alleged by a person, constitute adverse
possession, regard must be had to the animus of the person doing those
acts which must be ascertained from the facts and circumstances of each
case. The person who bases his title on adverse possession, therefore
must show by clear and unequivocal evidence i.e. possession was hostile
to the real owner and amounted to a denial of his title to the property
claimed. (See Annasaheb v. B.B. Patil, 1995(2) RRR 370 : AIR 1995SC
895 at 902).