L.N. Aswathama And Anr vs P. Prakash on 21 April, 2009
46. That being so, in the present case, the contention of Mr. Deepak
Verma, learned counsel appearing for the respondent-plaintiff, to the effect
that the plea on the basis of documentary title to the suit property and that of
adverse possession are not sustainable at the hands of a defendant qua the
same property, is an argument that is to be rejected, no other judgment to the
contrary having been shown to this court, and in any case the reasoning given
in Aswathamas' case being that if a person has remained in possession for a
long time, claiming documentary title to a property but eventually is unable to
prove that title, he can also take an alternative plea of having been in adverse
possession thereof, open and hostile to the true owner, by which he has
perfected his title to the property in any case.