adverse possession over a property. The
plea of adverse possession can be taken in defence in a suit filed by the
plaintiff for possession ... 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 by the
person in possession and the question of establishment of
adverse possession arises only when a suit is filed for
possession based ... being in possession for more than twelve
years, has acquired title by adverse possession and he is
entitled to claim a declaration to that effect
above said case law depicts that a
civil suit for declaration by claiming adverse possession of the suit
property is maintainable against private persons only ... plaintiff has filed suit for
declaration seeking declaration as owner of the suit proeprty by
way of adverse possession, therefore, the ratio of Anathulla
Sudhakar
passed by the trial Court dismissing the
suit for declaration of title by adverse
possession?
And
ii) Whether the defendant has made out a case ... suit schedule property and hence, had sought for
declaration of title by adverse possession. Either in the plaint
averments or in the evidence
basis of adverse possession. Even if the plaintiff is found to
be in adverse possession, it cannot seek a declaration to the effect that
such ... 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
amount
to adverse possession.
49. Adverse possession implies that it commenced in wrong and is maintained
against right. A plaintiffs leading adverse possession ... false and therefore, the claim
of adverse possession be entertained. Appellants' very claim of adverse possession is
tainted with mala fides
adverse possession could not go hand in hand
since possession on the basis of agreement is permissive
possession and ownership on the basis of adverse ... hold lawful possession of the property. As against this,
adverse possession is not lawful or permissive possession, it is
a possession hostile to the real
that adverse possession has matured into
ownership. The same are as under:
In the second appeal, the relief of ownership by adverse possession is
again ... such adverse possession has matured into ownership; only if
proceedings are filed against such person arrayed as defendant, can he
use his adverse possession
property by way of adverse
possession and therefore plaintiff is entitled for the ownership
on the ground of of adverse possession.
16.In the prayer ... adverse possession over such suit
property."
17.Before giving any observations as to what does adverse
possession means or what are its essential ingredients
possession or the restoration of
possession. Nature of right acquired by adverse possession and even
otherwise as to the right to protect possession against unlawful ... adverse possession’. The
plaintiff's appeal was allowed by this Court. It has been observed by this
Court that adverse possession had been established
