plea taken by the respondents claiming derivative title as well as prescriptive title are mutually destructive and therefore they shall elect one among those ... title cannot be taken simultaneously or in the alternative?
(2) Whether the respondents disclaimed the plea of derivative title before taking up the prescriptive title
more than 22 years continuously. Therefore, the
plaintiffs/respondents claim prescriptive title by adverse possession. Now, the
appellants/defendants attempted to interfere with the possession ... file the suit for declaration that the plaintiffs/respondents are
having prescriptive title by adverse possession and also for injunction and
prayed for decree
possession. Respondents 1 to 6 further aver that they have got prescriptive title
and have been enjoyed as the own properties of respondents ... enjoyment over the suit schedule property on the basis of the
prescriptive title, vide Document No.306/2001, respondents 1 to 6 created a rental
defendants denied the title of the plaintiff and they claimed prescriptive title also should have dismissed the suit holding that D2 acquired prescriptive title ... defendants as the ones, over which, the defendants claimed prescriptive title by adverse possession.
(e) The Settlement Deed relied on by the plaintiff
Whether the defendants/respondents can claim title as
well as prescriptive title at the same time?
2.Whether the trial court was justified in finding ... limitation and that the respondents 1 and 2 have
acquired prescriptive title over the above property.
9. It was argued by the learned counsel
completes the period of possession required for the establishment of a prescriptive title."
15. When somebody is in wrongful possession and a suit ... wrongful possession and by efflux, of time it may ripen into prescriptive title. The question, therefore, is whether the partition suit filed by Achhiman Bibi
negative prescription, but the right to
enjoy the property of others can be acquired by positive
prescription. Claiming prescription of title by adverse
possession ... negative prescription.
Prescription: Prescription may be defined as the effect of
lapse of time in creating and destroying rights; it is the operation
of time
when that decree was satisfied, the respondent could acquire a prescriptive title only by possession for 12 years sub-sequent to 10th August ... period of 12 years, he could not claim a prescriptive title. A further difficulty arose in the appellant's way on account
enough evidence for invoking the concept adverse possession or prescriptive title. However, both the courts below erroneously held as though the defendants acquired prescriptive title ... order to buttress and fortify their plea that they acquired prescriptive title by adverse possession since 1982 over the area on which the said structure
possession even after the declaratory decree, he may, nevertheless, acquire prescriptive title. The consequences are different if the suit for declaration is coupled with ... instituted before the adverse possession has culminated in the acquisition of prescriptive title the time during which the suit is pending cannot be taken advantage
