Adverse possesion.
M. R. Khan
(Querist) 21 March 2012
This query is : Resolved
D/Sir,
A title suit is running between two parties since 1994, the plaintiff has entered into house (title of the case) of defendant forcefully and residing / renting the house soon after instituting the suit. it was reported to police also and FIR was also lodged. Civil Case as of today still not yet finalized. Does the possession of plaintiff it will/could be considered as Adverse Possession?
Thx & Reg,
M.Sheik Mohammed Ali
(Expert) 21 March 2012
no, adverse possession means with knowledge and without interference of the land lord more than 12 years staying or occupying only can take adverse possession.
R.K Nanda
(Expert) 21 March 2012
No,not at all.
Adv.R.P.Chugh
(Expert) 21 March 2012
No - Adverse Possession plea is highly disfavoured by law these days as it is unjust - and impliedly purports that 12 years of illegality can suddenly turn legal. Once the litgation starts the possession no more is counted towards the 12 years - otherwise, many a titles will be lost in legal fights only, and people would be inclined to take out of law recourse.
Kiran Kumar
(Expert) 21 March 2012
no its not a case of Adverse Possession.
ESTHERPRIYA
(Expert) 22 March 2012
Adverse possession requires certain things to be fulfilled and if fulfilled then he is eligible to claim adverse possession.
M. R. Khan
(Querist) 22 March 2012
many thx. to all ld. experts..
