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How to prove plea of adverse possession?

The finding of reversal recorded under issue No.6 by the Lower Appellate Court was lawful and had its root in basic interpretation of maxim 'nec vi, nec clam, nec precario'. The mere possession or permissive possession does not demonstrate spectrum of adverse possession. For claiming adverse possession defendant must prove his possession to be peaceful, open and continuous. Such possession should be actual, open, notorious, exclusive and continuous for required time. The possession should be adequate in continuity, in publicity and in extent to show that his possession is adverse to the very knowledge of the true owner. The possession must start with a wrongful dispossession of the rightful owner and should be actual, visible, exclusive, hostile and continued for a statutory period. The plea of adverse possession is not a pure question of law, it is the interpretation based on the following text mechanism:-

(a) On what date defendant came into possession?

(b) What was the nature of his possession?

(c) Whether the factum of possession was known to the plaintiffs?

(d) How long his possession had continued?

(e) Is possession was open and undisputed?

[23]. Plea of adverse possession has no equities, this has same instinct of piratical rights. Necessary ingredients on the subject issue can be viewed from the authoritative judgment of the Hon'ble Supreme Court in Karnataka Wakf Board vs. Government of India (2004) Volume 2 RCA Civil 702.

Punjab-Haryana High Court

Rupinder Singh Etc vs Naranjan Singh on 11 February, 2015

RSA No.2049 of 1989 (O&M) CORAM:HON'BLE MR. JUSTICE RAJ MOHAN SINGH