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Vijay Kumar   01 February 2021

law student.

A file a suit for declaration that he is entitled certain lands. The suit was dismissed. Can he clime in the subsequent suit to the same properties on the basis of advorse possession? Advise.


Learning

 4 Replies

Real Soul.... (LEGAL)     02 February 2021

Yes if he is continously in possesion for 12 years without having agreement for rent or lease or was not paying any rent or dues. 

G.L.N. Prasad (Retired employee.)     02 February 2021

The most interesting question.   When a declaration suit is filed, the burden shifts on the other party to claim adverse possession.  Unless the reasons for dismissal is stated in the judgment, this is a very difficult question to answer on one sentence query..  While deciding declaration suit, the court should necessarily go into possession aspect also by the court, and the plaintiff in declaration suit should also state his adverse possession in that suit itself.  Both the title and possession are integral for the sale transactions.

Dr J C Vashista (Advocate)     05 February 2021

Seek advise of your tutor/ professor / guide, this platform is meant for needy litigants.

Kevin Moses Paul   05 February 2021

Adverse possession, is usually described as “squatter’s rights”, which is a legal principle under which an individual who does not have legal title to a piece of property (mostly land/plot) acquires the legal ownership based on continuous possession or occupation of the property without the permission of its legal owner.
Basically, it deals with legal ownership over a property by a person, on the grounds that he/ she had continuous possession or occupation over the property (i.e. he/she resided or worked in the property for a continuous period of time).
The doctrine of adverse possession is defined under Article 65 of the Limitation Act which specifies the time period of 12 years up to which a claim of title over the immovable property is applicable. But the count of 12 years starts when the possession of the defendant becomes inauspicious to the plaintiff.
Thus, this Act sets the bar within which a person can claim his/her right over the property. It is mostly based on the assumption that the original owner of the property was not aware of his right over the immovable property.
However, the position upon the concept has continuously changes with the diverse condition of each case.
This is one of a highlighted matters decided upon Adverse Possession of a person -Ravinder Kaur Grewal & Ors. V/s Manjit Kaur & Ors.
Look at the judgment of the mentioned above case in order to grasp more input about your concerned topic.

Here is the link for the mentioned above matter -

https://indiankanoon.org/doc/199096823/?type=print#:~:text=In%20case%20a%20person%20in,his%20right%2C%20title%20and%20interest.&text=The%20suit%20filed%20within%2012%20years%20of%20his%20death%20was%20within%20limitation
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