Adverse possession -- Actual date of possession is neither pleaded nor proved on record which is essential ingredient to plea of adverse possession - Defendants not pleaded that they knew prior to demarcation that land which they are utilizing belonged to plaintiffs - Possession over land therefore, cannot be perfected by virtue of adverse possession - Plea of adverse..........
Adverse possession -- Plaintiff did not aver and establish the date since when he was in possession over suit property hostile to the title of landlord - Suit rightly dismissed...........
Adverse possession -- Proof - (i) plaintiff must plead and prove that he was claiming possession adverse to the true owner; (b) plaintiff must plead and establish that the factum of his long and continuous possession was known to the true owner; (c) plaintiff must also plead and establish when he came into possession; and (d) plaintiff must establish that his possession..........
Adverse possession -- A party who claims adverse possession must know who the actual owner of the property is and secondly he must plead that he was in open and uninterrupted possession for more than 12 years to the original owner's knowledge...........
Adverse possession -- Plaintiff could not establish that his adverse possession commenced from a particular date - There was no foundation for the plea of adverse possession in the plant itself - Plaintiff failed to prove his plea of adverse possession - Suit for declaration on the basis of adverse possession rightly dismissed...........
Adverse possession -- Plaintiff failed to prove that his possession is adequate in continuity over suit land with knowledge of defendant - Plea of adverse possession rejected...........
Adverse possession -- Suit for declaration of title on the basis of adverse possession is maintainable...........
Adverse possession -- Plaintiff claiming adverse possession is required to prove the same - If plaintiff fails to prove his adverse possession then adverse inference has to be drawn against plaintiff...........
Adverse possession -- Plaintiff claiming his adverse possession since 1960 - Defendant produced Khasra Girdawaries from 1963-64 to prove possession of father of plaintiff in revenue record as tenant - Copies of khasra girdawaries may not carry the presumption of correctness, however they still form a part of official record - PW3 who is plaintiffs witness admitted in cross..........
Adverse possession -- Tenants - Possession of tenants cannot be adverse as their possession is permissible in nature and not adverse...........
