since one room, which was in
possession of the defendant herein was causing some
obstructions, he requested the defendant herein to give the
said room ... remain in the occupation and possession of the
defendant herein.
(16) The defendant no.1 is in possession of the said premises since
settled
possession/adverse possession. The admission as to title is integral
to the defence of adverse possession inasmuch as the Defendant is
claiming adverse possession ... being that of an oral agreement and that of adverse
possession/settled possession, the Defendant ought to commence
evidence first. It is the settled position
plaintiff is required to prove the adverse possession of Shri
Manmohan Singh and thereafter adverse possession of the
defendant, on the principle of tacking ... adverse possession enjoyed
by earlier person. Thus, a person can usefully claim for the
purpose of his adverse possession even the adverse possession
mere possession however long does not necessarily
mean that it is adverse to the true owner. Adverse
possession really means the hostile possession which ... that long and continuous
possession by itself would not constitute
adverse possession if it was either permissive
possession or possession without animus
possidendi
that long and continuous
possession by itself would not constitute
adverse possession if it was either permissive
possession or possession without animus
possidendi ... claiming adverse possession
must prove that his possession is "nec vi, nec
clamnec precario".
(6) The party claiming title by adverse
possession must
remaining in
possession for the past 30 years by way of adverse possession. Adverse
possession is being claimed by the Defendant merely on the basis ... long
possession. The Defendant is completely silent as to how and when the
possession of the Defendant became adverse to the title of the Plaintiff
establish adverse possession,
and that mere possession for some years was not sufficient to claim ad-
verse possession, unless such possession was hostile possession, denying ... remaining in
possession for the past 30 years by way of adverse possession. Adverse
possession is being claimed by the Defendant merely on the basis
possession of the defendant was
neither permissive nor authorized and therefore, the possession of
the defendant was hostile to the plaintiff and therefore, the
defendant ... that long and continuous
possession by itself would not constitute adverse possession if it
was either permissive possession or possession without animus
possidendi
basis of adverse possession. Moreover,
the plea of adverse possession can be taken against true owner only but
defendant has not admitted plaintiffs as owners ... issue is upon the defendant. It is argued
on behalf of the defendant that the defendant is in adverse possession of
the property since last
that mere possession for
howsoever length of time does not result in converting the permissive
possession into adverse possession.
27. In view of law laid ... found to be in
adverse possession, it cannot seek a declaration to the effect that such
adverse possession has matured into ownership. Only if proceedings
