Adverse possession Meaning 


        Adverse possession allows a person to claim a property right in land owned by another person. adverse possession rewards the productive use of land and punishes actual landowners who sleep on their rights.

Example -


Continuous use of a private road or driveway or agricultural development of an unusual parcel of land.

Adverse Possession (Section 27 of the Limitation Act 1963)

 Acquisition of ownership by possession

 Extinguishment of right to property (Section 27)-


              At the determination of the period hereby limited to any person for instituting a suit for possession of any property, his right to such property shall be extinguished.

In simple words,  where the remedy by way of a suit, for the possession of any property is gone, the right to that property is also gone.


Essential elements of adverse possession


(1) The defendant must be in actual possession.

(2) Possession must be adequate.

(3) There must be intention to hold the property.

(4) The possession cannot be adverse to the plaintiff, when there was no notice or knowledge of the plaintiff, that the independent position was in the displacement of his right.

(5) The Possession cannot be adverse  if its commencement can be referred to lawful title,

(6) Position does not become adverse to the plaintiff until the plaintiff is entitled to immediate possession


(7) Possession of a portion of land and cannot be held to constitute constructive possession of the whole, so as enable the possessor to obtain thereby title to the whole by limitation.

 Relevant case law -


Fakirappa vs Wingappa  45 Bom L.R. 491 - 

In this case, Court held that 12 years of adverse possession of Land by A  wrongdoer not only bars the remedy and extinguishes the title of the rightful owner, but confers a good title upon the wrongdoer


See also...


1. Interpleader Suit (Section 88, Order 35 Code of Civil Procedure)

2. Provisions relating to reference, review and revision under the Civil Procedure Code (Section 113 & Order 46)

3. Difference Between Summary Suit and Ordinary Suit (Regular Suit)

4. What are the similarities between Order and Decree?

5. What is Stay of suit or Res-Subjudice

0 comments:

Post a Comment

See Also..