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
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.