Adverse possession
5 years ago
I have filed suit for declaration of title and adverse possession, and defendant have counterclaimed to recover the possession.
It is says that plea of adverse possession taken as defense only by defendant . Now can I take the advantage of his counter claim to defense as a adverse possession in written statement.
Deepak Yashwantrao Bade
Responded 4 years ago
Mohit Sharma
Responded 5 years ago
You may file rejoinder (Reply to Counter claim)and raise plea of adverse possession. You idea is laudable. The SC law is as follows;
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ADVERSE POSSESSION
There are many judgments and the recent one is as follows:
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Protest within 12 years or lose property to squatter
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ONE THE ABOVE FORMULA THE OPPOSITE PARTY LOSE ITS CASE.
If a person does not protest someone illegally occupying his property for 12 years, then the squatter would get ownership rights over that property, the Supreme Court has ruled.
A bench of Justices R K Agrawal and A M Sapre said if a person proved actual, peaceful and uninterrupted possession of a property owned by another for more than 12 years, “a case of adverse possession can be held to be made out which, in turn, results in depriving the true owner of his ownership rights in the property and vests ownership rights of the property in the person who claims it”.
However, the bench put in a caveat by ruling that such a person (squatter) must necessarily first admit ownership of the true owner over the property and make the true owner a party to the suit before a court for claiming ownership over the property through adverse possession.
This ruling came in a case where a Muslim man had claimed ownership over a property through adverse possession in Jalgaon of Maharashtra. He had attempted to advance the plea of adverse possession to claim ownership rights over the property, which was inherited by a Muslim woman after the death of her father.
Setting aside a Bombay high court order in favour of the man, the SC bench said, “When both courts below held and, in our view rightly, that the defendant has failed to prove the plea of adverse possession, then such concurrent finding of fact was unimpeachable and binding on the HC. The HC erred fundamentally in observing that it was not necessary for the defendant to first admit the ownership of the plaintiff before raising such a plea.”
Anonymous
Replied 5 years ago
Thank you sir,
Anonymous
Replied 5 years ago
Cause of action of counterclaime is I filed suit for declaration of title and adverse possession.
Please refer any more cases judgment of such cases.
Thanks a lot.
Nirmal Chopra
Responded 5 years ago
Anonymous
Replied 5 years ago
Sir,
I am claiming adverse possession, since I have 50 years possession on suit land .
Seller had executed agreement to sale in 1967 but later he denied to execute sale deed and we also didn't file specific performance And now his legal heirs disturbing our possession by threating us.so I filed suit for declaration of title and adverse possession and he counterclaimed to recover possession.
Nirmal Chopra
Replied 5 years ago
Suits filed by both of you appear to be time barred.limitation is of 12 years which is over.it is better to consult some advocate on Vidhikarya and show case file and take further proper advice. Advice given without reading claim and counter claim can be sometimes incorrect though not 100% wrong.
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