interrupt the continuity of adverse possession and deprive him of his claim to perfect title on the basis of such continuous adverse possession. There ... material to arrest or break the continuity of such possession and snap of the link in the continues chain of adverse possession, which is very
clam, nec
precario and possession required must be adequate in
continuity, in publicity and in extent to show that
possession is adverse to the competitor ... continuous for a statutorily defined number of years, and
(f) maintained under a claim of right as against everyone
else.
Thus, mere continuing in possession
Schedule II, Article 178 , but merely an application for the continuance or revival of the former proceedings. In all the above cases, except the case ... therefore, one in continuance and revival of the old proceedings. In the present case, however, the execution process applied for, was perfectly distinct
lower courts should be counted and thereby it be cleared that the present suit is an attempt to introduce a time-barred cause under ... continuous possession of the respondents from 1934 till the filing of present suit shows that the title of respondents by adverse possession has perfected
what should be the procedure in cases such as the present one where the arrears is an admitted fact, there is no reason ... required to pay the time-barred rent if he wants to continue to be in possession by taking advantage of the Court's inability
father and the plaintiff have perfected title over the suit property by their long, continuous, open and uninterrupted possession of the suit property. The defendants ... possession in a separate proceedings and therefore, the present suit was filed for declaration that he perfected title by adverse possession. The defendant without
that in the
present case, once limitation had begun to run, the same
could not be interrupted and accordingly, the present suit
which ought ... Court that the
defendant had perfected his title by adverse possession was
erroneous and the defendant in the present appeal was
20
entitled to challenge
between the parties
after passing of the decree,
permitting the tenant to continue in
the premises, he may either be a
tenant, lisencee ... must be perfected at least for a period of 12 years before
the suit for possession is filed.
33. In the present case father
Lalji Kushwaha & Anr vs Rajesh Narain Sharma on 22 August, 2022
Author: C. Hari
necessary to perfect title
prrmnanaune"
™ COVeErnimient.
by adverse possession. In the present case, the respondent
lacks hostile animus to perfect nis title by acverse ... perfected his title.by. adverse poss
possession rust be . continuous," peaceful: open,
uruinterrupted and hostile to the:rcal owrters Jn the present
case
