...same are:—“A. Whether permanent injunction can be granted if the plaintiff is out of possession and has not asked for recovery of possession?B. Whether damages to be allowed i...of the property by the owner even for a long time won't affect his title. But the position will be altered when another person takes possession of the property and asser...land for more than 12 years before institution of the suit and as such it perfected its title by way of adverse possession.4. On the inter se pleadings of ...

...night-long deliberation fixed and accepted. [745B-D] 2.02 The right to T.S. No. 666/2 having not been ac- quired at all, no question of adverse possession against the plaintiffs would arise at all. ...-defendants, for title and exclusive ownership of the suit-properties in T.S. No. 666/2 and for recovery of possession and for damages for wrongful use and occupation of the properties .... 268 on the basis of permissive possession vide document dated 14.11.1896, that on the questions of adverse possession of Door Nos. 269 to 272 by defendant No. 1 was no...

...title has been lost. In this connection a decision reported in (1985) 60 Cut LT 274 can be referred to. While proving the title of the plaintiff he has relied upon the sale deed executed ...destroys their right of adverse possession.(5) The appellate court had also committed palpable illegality in not considering the important evidence produced by both parties...renders the finding of the appellate court vulnerable.7. The fundamental question which arises in this appeal is to find out whether the appellant has acquired title by ...

...steps to assert their rights as against him for a period of 15 years and the entry in the revenue records was “Gair Maurusi bila lagan bawaja nawakfiyat”, in such a situation an adverse possession is const...1-A. Whether plaintiff has become owner by way of adverse possession? OPP1-B. Whether Harbans Singh died before coining into force the...the plaintiff-appellants that they have become the owners of the property by way of adverse possession. In support of his contention, the learned counsel relies...

...possession is constituted. The reliance was also placed upon K.V. Swamyanathan & Ors. v. E.V. Padamanabhan & Ors., JT 1991(1) S.C. 83 : 1991(1) RRR 411 (...-A. Whether plaintiff has become owner by way of adverse possession ? OPP 1-B. Whether Harbans Singh died before coming into force the hindu succession act as alleged, if so, its effect ? OPP 1-C...case of the plaintiff-appellants that they have become the owners of the property by way of adverse possession. In support of his contention, the learn...

...the above view of the matter, the right to T.S. No. 666/2 having not been acquired at all, no question of adverse possession against the plaintiffs would arise at all. ...in open, uninterrupted, and continuous possession of the suit properties for more than 60 years and that they have perfected title to the suit properties by adverse possession and limitat.... 41. As regards the question of adverse possession it has been held by this Court that the question as to whether the possession of a person can be reg...

...licence was given. In support of plea of adverse possession reference was made to a decision of the Supreme Court in K.V Swamynathan &...Mela Ram had been in continuous uninterrupted and peaceful possession of the suit property for the last over 32 years claiming ownership right in the same and they, therefore, became owner ...idea that the owner of the property has knowledge of the assertion of ownership by the occupant.27. Onus is on the defendant to prove that he had...

...ownership of the respondents by adverse possession. According to the appellant, there is no basis for the finding of the ownership of ...adverse possession and competent authority i.e Special Secretary has also dismissed the revision application of the plaintiff and the defendants' ownership was confirmed by ...adverse possession in the recent judgment of JA Pye (Oxford) Ltd. v. United Kingdom (2005) 49 ERG 90 which concerned the loss of ownership of la...

...possession or the restoration of possession. Nature of right acquired by adverse possession and even otherwise as to the right to protect possession ag...years of his death was within limitation. Thus, the plaintiff was given the right to recover possession based on adverse possession as Tatya has acquired ownership by ...will be altered when another person takes possession of the property and asserts a right over it. Adverse possession is a hostile possession by clearly asserting hostile title in...

...be enough by itself for the success of an adverse possession claim.7. To understand the true nature of adverse possession, F...his title. But the position will be altered when another person takes possession of the property and asserts a right over it. Adverse possession is a hostile possession ...cannot bring an action to recover any land after the expiration of 12 years of adverse possession by another. They also relied on the Land Registration Act, 1925, which applied a...

...acquired the rights of ownership by way of adverse possession over land measuring 8 biswas comprising Khewat No. 34, Khata No. 56, Khasra No. 3673/452 situated in the revenue est...thereafter have also raised a boundary wall of police lines. It was denied in the written statement that the plaintiff acquired the right of ownership by way of adverse ...AIR 2006 P&H 195 wherein it was stated that no declaration can be sought by a plaintiff with regard to the ownership on the basis of ...

...the suit property by adverse possession. Declaration was also sought to the effect that the revenue record showing ownership of Respondent 1 herein i.e Gram Panchayat (...be decreed in entirety.2. The appellant claims ownership by adverse possession on the ground that it is in possession of the land in disp...second appeal, the relief of ownership by adverse possession is again denied holding that such a suit is not maintainable.8. There cannot be any quarrel to this extent t...

...and that H obtained the decree and got into possession on behalf of all the co-heirs. The appellant resisted the suit and contended that the respondent lost his right by ...: Held, that the respondent did not lose his right by adverse possession. Even assuming that H's possession from January 20, 1930, was adverse and amounted to ouster of ...the plaintiff as well as the second defendant lost their right by the adverse possession of Hanimi Reddy and his successor, the first defendant, and that for this purpose not onl...

...Alam was extinguished by long and uninterrupted adverse possession of Syed Aulad Ali and after him of the plaintiff. The High Court did not accept this case. Such a case is, of c...rely on the benami nature of the transaction. But the alternative claim must be clearly made and proved. The High Court held that the plea of adverse possession...has been stressed by the appellant that the finding clearly establish the benami nature of the transaction of 1914. This is, perhaps, true but the appellant cannot avail...

...who holds possession on behalf of another, does not by mere denial of that other's title make his possession adverse so as to give himself the benefit of the st...Temple-5 J.) v. Suresh Das (2020) 1 SCC 1 wherein, it has been held that a plea of adverse possession is founded on the acceptance that ownership of the property...founded on the acceptance that ownership of the property vests in another against whom the claimant asserts a possession adverse to the title of the ot...

...claim any ownership on the ground of adverse possession.3. While this is the stand of the Wakf Board, the appellant before us, and ...Act; that the plea regarding title of the suit property by the respondent and the plea of adverse possession is mutually exclusive; that, therefore, the appeal ...of the suit property and the plea of adverse possession are mutually exclusive. Thus finding of the High Court that the title of the Government ...

...acquire title by prescription. The High Court without adverting to the question of adverse possession, confirmed the appellate decree.4. The sole ques...years would corroborate their plea of adverse possession and militates against the claim of the title of the respondents. The plea that the appellants were neve...Wazira, there was a division of the properties by metes and bounds and 53 kanals 12 marlas were left in the possession of Parsinni and Chinto for their enjoyment. The Mutation No. 1722 Ex...

...belonging to the Respondents herein, namely Joseph, by virtue of the principle of adverse possession.Background2. The pr.... The case put forward by the respondents, (claimants of adverse possession) against which the present appeal stands filed, is that Joseph had acquired title to the land ...virtue of adverse possession and not, a challenge against the notice issued by the Tahsildar. The second aspect on which the High Court differs with the lower Appellate ...

...before the date of the suit. Now, in the present case that was not so. By the delivery of symbolical possession under the order of November 6, 1939, ...of the adverse possession by the respondents. In respect of the present suit time under Article 144 must, therefore, commence from that interruption..... The High Court held that Article 144 of the Limitation Act applied to the suit and the adverse possession of the defendants commenced from the date ...

...of exclusive ownership openly and to the knowledge of other co-owner. Thus, a co-owner, can under law, claim title by adverse possession against another co-owner who can, ...adverse so as to give himself the benefit of the statute of limitation. Therefore, a person who enters into possession having a lawful title, cannot divest another of that title ...so as to enable it to decide whether the plea of adverse possession taken by the respondent is sustainable. Pursuant thereto and in furtherance thereof the appellants have filed copies ...