Adverse possession -- Pleadings - A plea of adverse possession must be pleaded with proper particulars, such as, when the possession became adverse - Court is not to travel beyond pleading to give any relief, in other words, plea must stand on its own two feet...........
Adverse possession -- Claim of independent title and adverse possession at the same time amount to contradictory pleas...........
Adverse possession -- Burden of proof - Burden of proof rests on the person claiming adverse possession...........
Adverse possession -- State cannot claim the land of its citizens by way of adverse possession as it is a welfare State...........
Adverse possession -- Govt. property - Length of possession of respondents calculated on the basis of estimated age of tress on such land - An estimation of age of trees cannot by any stretch termed as sufficient proof required to disturb the title that undisputedly rests with Government - Proper and concrete proof is required to show proof of possession other than..........
Adverse possession -- Proof of long standing unauthorized possession can only be a relevant trait for consideration of plea for acquisition of title by adverse possession but cannot be sole criteria - In case of failure to prove adverse possession, any other form of possession howsoever, long, cannot be held sufficient to non-suit plaintiff in his prayer for possession of..........
Adverse possession -- Material on record does not suggest that defendants had ever expressed their specific hostile animus to hold possession of suit land as owners by denying title of plaintiff or his predecessor-in-interest - Defendants thus, not perfected title over suit land by way of adverse possession...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment to take plea of adverse possession sought at the stage of arguments - There has not been any due diligence on the part of defendants - Defendants had even otherwise taken a specific stand in written statement that they are owners in possession of suit land on basis of an oral sale -..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title on basis of adverse possession - Defendants filed counter claim seeking relief of possession - Plaintiff failed to prove acquisition of title over suit land by way of adverse possession - True owners were within their right to claim possession of suit land from plaintiff on basis of their title -..........
Adverse possession -- Once the title of property is held in favour of plaintiff in an earlier suit, in such circumstances, onus to prove acquisition by adverse possession lay on the defendant...........
