taken of
ownership by way of adverse possession was mutually
destructive to the plea earlier taken in the written
statement of possession ... Leela Jetly, MANU/SC/7401/2008 distinguished
inconsistent pleas from mutually destructive pleas. Thus
though a defendant is entitled to take an alternative and
inconsistent
well as on adverse possession cannot be
considered. They are mutually destructive pleas.
10. Heard learned counsels and examined the
records.
11. The case ... alternative plea is permissible.
The judgment does not speak of a mutually destructive
pleas. Even though the plaintiff may be entitled to take an
inconsistent
defendants in the written statement have raised two
contrary and mutually destructive pleas/defenses as under:-
FIRST PLEA SECOND PLEA
"It is pertinent ... defendants. Therefore, even the written
argument set forth two contradictory and mutually destructive
defences.
8.12. In Vimal Chand Ghevarchand Jain v. Ramakant Eknath
Jadoo
also the
workmen of the principle employer. To raise such a mutually
destructive plea is impermissible in law. Such mutually destructive
plea, in our opinion ... VISL. This Court
observed that it was impermissible to raise such mutually destructive
pleas in law, having regard to the principles of estoppel, waiver
ownership by adverse possession' are not
tenable as they are mutually destructive to each other. In support
of his said contention, he has referred ... tenancy and that of having
acquired ownership by adverse possession are mutually
destructive of each other. As discussed earlier, the
amendment application deserves dismissal
additional written statement introduces a new case, which is mutually
destructive of their earlier stand and the 4th defendant also denied the fraud
alleged ... defendant is entitled to
take mutually inconsistent plea and he is not permitted to take mutually
destructive plea. Further, in the additional written statement though
taken of ownership by way of adverse possession was mutually destructive
to the plea earlier taken in the written statement of possession ... 2009 Page 6 of 8
distinguished inconsistent pleas from mutually destructive pleas. Thus though a
defendant is entitled to take an alternative and inconsistent plea
plaintiff has perfected his title by adverse possession is inconsistent and mutually destructive of each other and is not permissible under law. The learned Senior ... said relief and the relief that is sought are mutually destructive. He has relied upon a number of decisions of the Hon'ble Supreme
basis of title document and by way of adverse possession are
mutually destructive and inconsistent please. It is also well settled
law that the claim
also submit that the pleadings put forth by the defendants are mutually destructive and therefore, the case of the defendants should not be relied upon ... would also submit the pleas raised in the written statement are mutually destructive and therefore, it cannot be said that the plaintiff was not entitled
