Adverse Possession

Adverse possession - Whether simultaneously a plea can be taken of title and adverse possession, i.e., whether it would amount to taking contradictory pleas - In order to establish adverse possession an inquiry is required to be made into the starting point of such adverse possession and, thus, when the recorded owner got dispossessed would be crucial – The possession has to be in public and to the knowledge of the true owner as adverse, and this is necessary as a plea of adverse possession seeks to defeat the rights of the true owner -  Thus, the law would not be readily accepting of such a case unless a clear and cogent basis has been made out -  The legal position, thus, stands as evolved against the appellants herein in advancing a plea of title and adverse possession simultaneously and from the same date. #2020 SCeJournal 1557

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Comments: 1
  • #1

    Devendra Kumar (Sunday, 06 September 2020 03:38)

    A very important case law.

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