Adverse possession -- Mere possession however long does not necessarily mean that it is adverse to the true owner - It means hostile possession which is expressly or impliedly in denial of the title of the true owner - In order to constitute adverse possession the possession must be adequate in continuity, in publicity and in extent so as to show that it is adverse to the..........
Evidence Act, 1872, Section 65 -- Secondary evidence - If documents appear to be in possession of the opposite party then secondary evidence can be allowed - Bare denial by the opposite party that it did not have the original document does not disentitle the plaintiff to prove his title by way of secondary evidence - Evidentiary value and weight of evidence led as..........
Limitation Act, 1963, Article 65 -- Suit for possession based on title - Limitation - 12 years from date of denial of title for the first time...........
Adverse possession -- A plea of adverse possession arises where a person alleges long established, hostile, open and uninterrupted possession, to the knowledge of the true owner - The possession must be with intent, express or implied to hold the property in denial of the legal rights of the true owner - A successful plea of adverse possession must be adequate, in..........
Adverse Possession -- Joint property - Ouster of one of the co-sharers - Law summed up - (i) No hard and fast rule can be laid down from which it can be inferred that any co-sharer has ousted other co-sharer. It will depend upon facts of each case - (ii) Uninterrupted sole possession of joint property, without any definite evidence to show that a person is holding..........
Adverse Possession -- Meaning - A hostile assertion which expressly and impliedly is in denial of title of the true owner - Plea of Adverse Possession and ownership are inconsistant, irreconcilable and mutually destructive with one another - Person tracing his possession to a lawful title can never become an owner by adverse possession - Plea of Adverse Possession amounts..........
Adverse possession -- Means hostile possession which is expressly or impliedly in denial of title of the true owner - Mere long possession is not sufficient - In order to constitute adverse possession the possession must be adequate in continuity, in publicity and in extent so as to show that it is adverse to the true owner - The classical requirements of acquisition of..........
Adverse Possession -- Contemplate a hostile possession, which expressly or impliedly in denial of title of true owner - Possession to be adverse must be possession by person who does not acknowledge other's rights but denies them...........
Adverse Possession -- Possession cannot be held to be adverse if referred to a lawful title - One who holds possession on behalf of another does not by mere denial of that other's title make his possession adverse - A person who enters into possession having a lawful title, cannot be permitted to show that his possession was hostile to another's title...........
Adverse Possession -- Burden of prove - Defendent to prove affirmatively, by clear and unequivocal evidence that his possession was hostile to real owner and amounted to denial of his title to property claimed - For deciding whether alleged acts constituted adverse possession, the animus of the person doing those acts is most crucial factor ...........
