KCCR 2014(1) PAGE NO:95
Adverse Plea and Proof :
In a claim of advese possession, the tittle is not disputed; what is alleged is only its extinction. In the matter of adverse possession, the courts have to find out the plear taken by the party in the pledings. A plea of adverse possession being based on facts which have to be raised to the effect, is not necessarily a legal plea. The plea of adverse possession raises a mixed qauestion of law and fact. Where a person wants to base his tittle on it, he should specifically set up the plea. Unless no plea is raised, it cannot be entertained. A plea must be raised and it must be shown when possession became adverse, so that the statrting point of limitation against the party affected can be found.
The prayer clause is not a substitute for a plea. A person acquires tittle by way of adverse possession when he is in contineous uninterrupted, hostile possession over a period of a starting point. The date of commencement of adverse possession is very crucial for calculating the period of 12 years.
