Adverse possession -- Intention to possess cannot be substituted for intention to dispossess which is essential to prove adverse possession - Physical fact of exclusive possession and animus possidendi to hold as owner in exclusion to actual owner are the most important factors that are to be accounted in cases of this nature...........
Adverse possession -- Plea of possession is always taken against a true owner...........
Adverse possession -- Co-owners - Possession of one co-owner is presumed to be on behalf of all co-owners - Co-sharer cannot claim adverse possession against another co-sharer unless there is clear evidence of ouster and hostile assertion of title...........
Adverse Possession -- In order to set up a claim of perfection of title by way of adverse possession, plaintiff has to admit the title of original owner...........
Adverse Possession -- If a person claims himself to be owner, then he cannot be permitted to take an alternative plea of adverse possession...........
Adverse possession -- Plea of adverse possession is essentially a factual plea and such plea should be pleaded specifically and proved by adducing substantive legal evidence - Long possession by itself would not be sufficient to prove adverse possession - Animus possidendi against true owner is also necessary...........
Adverse possession -- Permissive possession would never be adverse to real owner...........
Co-owners -- Plea of ouster - To constitute ouster, there must be, for an ouster, a hostile open denial and repudiation of rights of other co-owners and this denial or repudiation must be brought home to co-owners - This does not necessarily mean that co-owner sought to be ousted or excluded should be informed or told as such by other co-owners - Therefore, ouster does..........
Adverse possession -- For maintaining suit for adverse possession, plaintiff must admit title of original owner...........
Partition suit -- Co-sharers - Execution of sale deeds in joint name of both plaintiff and defendant itself has been admitted by defendant - However, defendant has taken two contradictory pleas i.e. one that he is in exclusive owner in possession of suit property and the other, that he has become owner of suit property on basis of adverse possession - Plea of adverse..........
