possession or the restoration of
possession. Nature of right acquired by adverse possession and even
otherwise as to the right to protect possession against unlawful ... title could be raised. As this was a
suit of latter kind title could be examined. But whose title?
Admittedly neither side could establish title
what is adverse possession, Court in para 22 observed :
"What is adverse possession? Every possession is not, in law, adverse possession. Under Article ... possession by itself would not constitute adverse possession if it was either permissive possession or possession without animus possidendi. The pleas based on title
property. Even assuming that they had any possession, their possession is wholly unlawful possession as against the owner. Pretest of dispute of identity ... ambit of doctrine of "adverse possession". If plaintiff claims possession on the basis of title, it is incumbent upon Court to look into
judgment
debtor who was out of
possession.
10 Adverse possession is a hostile possession by
clearly asserting hostile title in denial of the title ... concept of adverse possession contemplates a
hostile possession i.e. a possession which is expressly or
impliedly in denial of title of the true owner
well settled that
‘settled possession’ or effective possession of a person without
title entitles him to protect his possession as if he were a true ... actual possession, much less continuous possession, of the
property for a longer period which may be called settled
possession or established possession. As mentioned supra
procedure
established by law, i.e., by instituting a suit for title, possession and
RFA 222/2019 & Conn. Page 3 of 66
eviction before ... basis of the title documents in favour of her in-
laws, without considering the nature of her possession, the existing
residence order in her favour
possession, cannot seek the
relief of injunction simpliciter, without claiming the relief of possession.
13.3 Where the plaintiff is in possession, but his title ... true owner.
9. It is the settled possession or effective possession of a person
without title which would entitle him to protect his possession even
possession by itself
would not constitute adverse possession if
it was either permissive possession or
possession without animus possidendi. The
pleas based on title ... came into possession lawfully under
an agreement of sale and continued to remain
in such possession, there was no adverse
possession. This case is different
prove that he was in
possession prior to his dis-possession, which was
sufficient for putting him back into possession. He
submitted that the High ... back into
possession. For putting back into possession, the
respondent No.1 was obliged to establish his title to
the property by adverse possession, without
person takes
possession of the property and asserts a right
over it. Adverse possession is a hostile
possession by clearly asserting hostile title
in denial ... adverse possession should show on
what date he came into possession, what was the nature
of his possession, whether the factum of possession
was known
