...considered to be adverse. It is on the basis of this principle that it has been laid down that since the possession of one co-owner can be referred to his status as co-owner, it ...or with the Government, same cannot be a ground to hold that the possession is not a hostile possession from the standpoint of the real owner. It was further held that the real owner when dispossessed...adverse possession contemplates a hostile possession i.e a possession which is expressly or impliedly in denial of the title of the true owner. Possession to be adverse must be ...

...the joint property.21. Normally, where the property is joint, co-sharers are the representatives of each other. The co-sharer who might be in possession of the joint proper...laid down that since the possession of one co-owner can be referred to his status as co-owner, it cannot be considered adverse to other co-owners. (See: Maharajadhiraj ....”(emphasis supplied)27. From the underlined portion extracted above, it will be seen that in order that the possession of co-...

...been filed in the year 1980. The plaintiffs and the defendants are the co-owners of the suit properties. The possession of one owner is presumed to be the possession of all the ...established that the possession of one co-owner is in denial of title of other co-owners and the possession has been in hostility to the co-owners by exclusion ...Mohiddin Kamisul Qadri .) 6. A mere possession of one co-owner, however long it be, will be, will not militate against the title of the other co-owner b...

...Jogendra Nath Rai v. Baladeo Das . [1908] 35 Cal. 961 that in a case in which the question arises as to whether the possession of one co-owner has been...adverse to that of another, the fundamental rule is that the entry of possession of land under the common title of one co-owner will not be presumed to be adverse to the others, ...establishes that the origin of the property was joint. The obvious reason their Lordships of the Judicial Committee say for this rule is that the possession of one co-owner is in itself r...

...of the other branch had no possession whatever. Even so, the learned Judge has negatived the defence in the view that there is no partition deed. As regards the exclusive possession of the land in Thamarapadi villa...altogether of the time factor) is of no consequence. The decisions relied upon by Mr. Meeran do not lend support to this extreme contention. In a recent Bench decision of this Court of one of us s...concealment so that the person, against whom time is running, ought, if he exercises due vigilance, to be aware of what is happening. In a case of ouster of a co-owner, the position is en...

...lawful title, it will not be considered to be adverse. It is on the basis of this principle that it has been laid down that since the possession of one co-owner can be referred to his status as ...house existed on the property in question for more than the last two centuries. The grandfather of the defendants was said to be in possession of the property as owner, thereafter their father one Tara...to the actual owner are the most important factors that are to be accounted in cases of this nature. Plea of adverse possession is not a pure question of law but a blended one of fact and...

...injunction and that too without arriving at a definite conclusion that the first respondent was in exclusive possession of Flat No. 201.12. Mr Animesh Kanti Ghosal, learned counsel appearing on behalf ...treated to be possession of all. This, however, in a case of this nature would not mean that where three flats have been allotted jointly to the parties, each one of them cannot be in occupation ...parties to the action are co-sharers, and as under the law, possession of one co-sharer is possession of all co-sharers it cannot be adverse to them, unless there is a denial ...

...Singh v. Bhagirath Singh leads thus:“The possession of one co-owner is ordinarily adverse to another co-owner who is excluded from possession....possession of one co-owner who has entered under a common title is not ordinarily adverse to another co-owner.“In the absence of proof that a cosharer lambardar is...that the entry and possession of land by one under the common title of a co-owner will not be presumed to be adverse to the other co-owners, but will ordinarily be held to be for the bene...

...principle is, that the possession of one co-owner is the possession of all for the purpose of limitation. No doubt, the sole possession of one ...1. This appeal arises out of a suit for partition of a house described as the salarbari which originally belonged to one Haridhan and his co-sharer. 2. The plaintiff...dispossession of one co-sharer by another, it must be shown that there was exclusion or ouster to the knowledge of the former. 11. It is contended by the learned Pleader for the...

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...case is one of burden of proof, and it is incumbent on the plaintiff, when he admits his dispossession, to establish his possession within twelve years.”He went on to p...is entitled to joint possession of the whole property, is referable to his title, and he cannot ask the Court to presume that his possession was illegal or adverse to the other co-owner. It follows that if...-owner is in actual possession of the joint property, and the other co-owner is either absent or is not in actual possession, the latter would still be in constructive possession ...

.... 961, in which the question was discussed at much greater length and the learned Judges say, " The fundamental rule is that the entry and possession of land under the common title of one co-...not be presumed to be adverse to others, but will ordinarily be held to be for the benefit of all. The obvious reason for this rule is that the possession of one co-owner is, in itself, rightly.... 3. The law regarding acquisition of a prescriptive title in respect of joint property by one co-parcener against another has been clearly laid down in two cases quoted on the...

...lands for about 30 years, but that there was absolutely no material on the record to show that the defendants were in cultivating possession of the suit lands in open assertion of hostile title.8. Upon such f...ouster is well settled and may be recapitulated. The possession of one co-owner is presumed to be on behalf of all the co-owners in view of the unity of title and ...point. There may, however, be cases where it may not be possible for the co-owner in possession to lead evidence as to when ouster commenced and how it was brought home to the knowledge of the ousted co-...

...contended that the possession of one co-owner enures for the benefit of other co-owners, and between them there can tee no adverse possession, unless there has been a specific ou..., possession of one is referable to the title of the other, unless there has been an ouster. But where possession has continued for a considerable period of time exclusively with one ...not been specifically pleaded and it did not commence because there was no ouster. 7. The rule of law is that possession is referable to a lawful title, and between co-owners...

...exclusive possession and enjoyment by one of them to the knowledge of the other so as to constitute ouster." 8. In Syed Shah (...: “Possession of one co-owner is...to add that the burden of proving ouster is on the person claiming to displace lawful title of co-sharer by adverse possession. The facts constituting ouster and assertion of hostile title need to be plead...

..., even in cases were the sharers residing away from the joint family properties, they are deemed to be in joint possession of the suit properties along with other co-owners. The 3/6 ...seen as possession for himself and also for possession on behalf of other co-owners, who is not in possession...respondents 1 to 5 were never in joint possession of the suit properties and they falsely claimed in the petition that they were in joint possession of the suit properties and filed a suit for partition...

....But it was also pointed out that while the possession, of one co-owner is, in itself, rightful, and does not imply hostility the possession is different when a stranger is in.... 31. a Bench of this Court (Seshagiri Aiyar and Moore, JJ.) held that possession of an alienee from one of several co-tenants becomes adverse as against the other co-tenants from the mom...of what Was happening.8. When one of several co-sharers lets into possession a stranger who proceeds to cultivate the land for his own benefit the other co-sharers must, unless th...

...property. It goes undisputed that the assessee is co-owner in the property in question to the extent of 1/3rd and that there has been no partition of the interest of the co-owners in the said prop...-owner in the joint property would be deemed to be in possession of all the co-owners. The basis of this concept is that a co-owner of the property may not lightly acquire any ri..., until hostile to the other co-owners would be deemed as possession of all. The same principle would apply to the benefits drawn from the joint property. In that sense of the matter it...

...cases that the possession of one co-owner must be deemed to be the possession of all the co-owners, unless there was some act of ouster by which one of...1. The facts of this case are as follows:—One Zafaruddin Khan originally owned the property now in dispute. He died some years ago leaving a widow Latifan, a son Habibuddin Khan and a...plaintiff instituted the present suit for recovery of possession of the share sold to him. There can be no doubt that the property belonged to Munisi Begam, the vendor of the plaintiff. The only plea...

...the land. The plea of adverse possession taken by the petitioner has rightly been repelled by the authorities below. The possession of one co-owner is considered to be the ...No. 3 of the mode of partition, it is provided therein that shortfall, if any, in the land will be made good by keeping in view the quality of land. Thus, petitioner cannot claim exclusive possession...Justice Rajiv Sharma, Judge (oral).“Key facts” necessary for the adjudication of this petition are that respondent No. 2 Megh Singh filed an application before the Assistant...