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Vinav K Mishra (Lawyer)     12 November 2011

Adverse possession-declaratory suit

Can a declaratory suit be filed for claiming adverse possession or the plea of adverse possession can be sought only while taking a defence and not as a plaintiff


 4 Replies

kumar t v s (advocate)     12 November 2011

The power of civil court in granting declaratory relief is vast.

No bar in claiming decleratory relief as owner through adverse possession by a plaintiff. 

Vinoba (Advocate)     12 November 2011


Sir, Obviously u can seek a declaration based on adverse possession but on payment of requisite court fees.

sridhar pasumarthy (ADVOCATE)     13 November 2011

Dear Vinay,

Your suspicion is correct.

A claim of adverse possession is permitted to be taken in defence only.  A declaration suit is not maintainable on the ground of adverse possession.

It is no more res integra.

Dr V. Nageswara Rao (Advocate)     09 January 2012

The plea of adverse possession is a shield and a sword. If possession is disturbed by even the true owner, you can claim possessory remedy under Specific Relief Act.. If the owner files a titlle suit, you can then claim adverse possession and show that his title has been eroded.

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