adverse possession his adverse possession
does not continue thereafter, in other words the
running of time for acquiring title by adverse
possession gets arrested ... possession from plaintiff found
to be false - plaintiffs in hostile, continuous possession
- adverse possession proved.
23. The learned counsel for the defendant relied
upon
possession of the defendant and when a decree for
possession is passed against the defendant the plaintiff's right
to be put in possession ... adverse possession before start of the
proceedings, he cannot perfect his title during the pendency of
the proceedings. Adverse possession of the person in possession
mere dispossession or discontinuance of the possession of the plaintiff and the adverse possession of the defendant. Ordinarily an owner of property is presumed ... been let out to the defendant, who had denied his title. The defendant claimed adverse proprietary possession for more than seventeen years. It was held
unlawful possession is not adverse possession.
18. The position in law, as to the nature of possession which would amount to adverse possession ... adverse possession? Every possession is not, in law, adverse possession. Under Article 65 of the Limitation Act, 1963 , a suit for possession of immovable property
title by adverse
possession springs into action essentially by default or
inaction of the owner. Adverse possession is a hostile possession
by clearly asserting hostile ... constitute adverse possession if it
was either permissive possession or possession without animus
possidendi and the pleas based on title and adverse possession are
mutually
adverse possession.
Adverse possession is looked upon with disfavour because adverse
possession commences in a wrong i.e act of wrongful possession and
is maintained ... already
stated above, mere possession, and even long possession is not equal
to claim of adverse possession. Adverse possession must begin by
assertion
basis of adverse possession.
13. The trial court presumed that by raising the plea of
adverse possession the defendant had impliedly admitted
the plaintiff ... property by adverse
possession. This period of 12 years if computed from 01.9.1968,
title by adverse possession ripens in favour of the defendant
that mere possession however long does not mean that it is adverse to the true owner. Adverse possession really means the hostile possession which ... mere long possession will not amount to adverse possession and the person pleading adverse possession must prove that he was in possession of the property
claims adverse possession has animus possidendi to hold
the land adverse to the title of true owner the claim of adverse possession
cannot be upheld ... adverse possession the
possession must be hostile, open continuous and there must be animus
possidendi. If it is shown that possession of the defendant
defendant had become owner
in possession of the suit property by way of adverse possession.
The defendant had no knowledge of the filing of application ... virtue of
adverse possession as the plea of adverse
possession can be raised in defence in a suit for
recovery of possession but the relief
