We are dealing a 'suit for title declaration' on the grounds of adverse posession. The client have adverse posession for more than 25 years on suit land. However, trial court while convinced that the plaintiff have the adverse possesion, dismissed the suit on the ground that plea of advrse posession is not avalaible to Plaintiff and this is only available as defence to the defendent. Court referred the Article 65 of the Limitation Act and Judgement of Chandigarh High Court namely Bhim Singh and others Vs. Zile Singh and others, 2006(3), Civil Court Cases, 479 (PH), In this Judgement it was held that only defendent can take the plea of adverse possesion in his defence and this plea is not avaibale to plaintiff. We have filed the Appeal against this dismissal by trial court.
We need latest and specific SC judgements which supports our point that 'Adverse Posession Plea is available to anybody whether Plaintiff or defendent, who raises this plea'. If anybody have these judgemnts of Supreme Court or can tell me the source like CD etc. from where I can serach the same, it will be a big help for me.
Regards
Arvind
