Adverse possession -- Proof of - Limitation - For establishing ownership by way of adverse possession, defendant has to plead and prove that from which date their possession becomes adverse - In the instant case, defendants were in litigation with predecessors of plaintiff upto year 1997 when appeal was dismissed and suit for possession was filed within a period of less..........
Adverse possession -- Mere long and continuous possession without any interruption does not entitle a person to a decree for declaration of his right, title and interest over the property as to have been acquired by adverse possession so as to say that the right, title and interest of true owner stood extinguished thereby after completion of required period - In the..........
Adverse possession -- Suit for declaration on basis of adverse possession - Not maintainable, as plea of adverse possession is considered to be a defence...........
Adverse Possession -- Long possession of suit property will not create any interest over suit property in favour of defendants...........
Adverse Possession -- Defendants failed to plead and prove as to under what capacity they were residing in suit property - Defendants were in possession of property in question without any legal right - Defendants can only be treated as trespassers and question of claiming adverse possession does not arise...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Issue of adverse possession framed - Issue of adverse possession is more pervasive in nature and virtually covers plea of easementary right also...........
Adverse possession -- Plea of easementary right - Contradictory pleas - If defendant proves plea of adverse possession, there is no further need to prove any easementary right, as person in adverse possession has all attributes of an owner of suit land and an owner of suit land cannot claim easementary right qua the same parcel of land, as both these pleas are..........
Adverse possession -- Co-sharer - No adverse possession can be claimed by other co-sharer, in the absence of any evidence of ouster of a co-sharer...........
Suits Valuation Act, 1887 -- Suit for possession based on title - It is not necessary for plaintiff to prove his dispossession for seeking relief of possession - Plaintiff on the basis of his title can recover back possession of suit land - It is for defendant to show that he is in adverse possession of suit land for 12 years before filing of suit - Moreover suit for..........
Adverse possession -- No ingredient of adverse possession on record - Defendant has thus failed to prove his adverse possession...........
