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1 - 4 of 4 (0.39 seconds)L.N. Aswathama And Anr vs P. Prakash on 21 April, 2009
35. The defendant has claimed ownership with respect to the suit
property but there is no justification in the alternative claim of the
defendant for acquisition of ownership on the basis of adverse
possession. It has been held in L.N. Aswathama & Anr. Vs. P.
Prakash, JT 2009 (9) SC 527 as under :
CS No.550/08
Jaspal Singh Chadha Vs. Darshan Singh Chadha 30/33
"17. The legal position is no doubt well
settled. To Establish a claim of title by
prescription, that is adverse possession for 12
years or more, the possession of the claimant
must be physical/actual, exclusive, open,
uninterrupted, notorious and hostile to the true
owner for a period exceeding twelve years. It is
also well settled that long and continuous
possession by itself would not constitute adverse
possession if it was either permissive possession
or possession without animus possidendi. The
pleas based on title and adverse possession are
mutually inconsistent and the latter does not
begin to operate until the former is renounced.
The Indian Evidence Act, 1872
The Limitation Act, 1963
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