Adverse possession

surya (Querist) 15 December 2012 This query is : Resolved
respected sir, can adverse possession be given by a city civil court even with out a plea for adverse possession.

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Devajyoti Barman (Expert) 15 December 2012
No court pass a decree on a point which is not prayed for in the plaint or in counter claim.

Nadeem Qureshi (Expert) 15 December 2012
i agree with Mr. Burman

R.K Nanda (Expert) 15 December 2012
no, it is not possible.

Raj Kumar Makkad (Expert) 15 December 2012
Court can grant a relief even tough not specifically demanded if the facts of the case do establish to pass such relief including the adverse possession.

Ravikant Soni (Expert) 16 December 2012
Plea of Adverse possession can be raised even as defence. If you are defendent apply for amendment in written statment. And if you are plaintiff then you must estabilish your contention by your pleadings and proof.

R.K Nanda (Expert) 16 December 2012
court cannot pass orders beyond pleadings

of case.

Raj Kumar Makkad (Expert) 16 December 2012
Pleadings and demand of relief are two separate and distinct aspects of a case. It is seen that pleadings do contain certain facts whereas the demand of relief is not made accordingly so court can go through all aspects of the case and accordingly can decide the case providing additional relief in the light of facts and law on the subject.

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