SUPREME COURT OF INDIA
M. Radheshyamlal…………Appellant
Vs.
V. Sandhya & Anr. Etc………….Respondents
Abhay S. Oka & Ujjal Bhuyan, JJ.
Adverse Possession
How a plea of adverse possession can be proved—A party by pleading adverse possession, seeks to defeat the rights of the true owner, and therefore, there is no equity in his favour—After all, the plea is based on continuous wrongful possession for a period of more than twelve years—Facts constituting the ingredients of adverse possession must be pleaded and proved by the plaintiff—To prove the plea of adverse possession :- (a) The plaintiff must plead and prove that he was claiming possession adverse to the true owner; (b) The plaintiff must plead and establish that the factum of his long and continuous possession was known to the true owner; (c) The plaintiff must also plead and establish when he came into possession; and (d) The plaintiff must establish that his possession was open and undisturbed.
Property
Suit for declaration of ownership—Plea of adverse possession—When a party claims adverse possession, he must know who the actual owner of the property is—Secondly, he must plead that he was in open and uninterrupted possession for more than 12 years to the original owner’s knowledge—Such material averments are completely absent in the plaint—Failure of plaintiff to prove his plea of adverse possession—There is no proper foundation for the plea of adverse possession in the plaint itself—Suit for declaration of ownership by the plaintiff must fail.
Decision : Appeal dismissed
Vanya Bajaj Advocate
