P.Periasami (Dead) By Lrs vs P. Periathambi And Others on 11 October, 1995
12. The plea of ownership simpliciter is based on the
concept of title, which one may acquire through various
sources like succession, gift, will, sale, exchange, grant
etc. etc. and the person in possession is essentially to be
treated as being in lawful possession. While on the
other hand when the plea of adverse possession is
projected inherent is the plea that someone else is the
ownership of the property. (See: P. Periasami (dead) by
L.Rs. vs. P. Periathambi and others (1995) 6 SCC 523.
Having said so, it can safely be concluded that the pleas
based on title and simultaneously on adverse possession
are mutually inconsistent and the latter does not begin
to operate until the former is renounced.