AIR 1988 PATNA 141 ::(1987) BLJ 444 ::(1986) Pat LJR 1155

Patna High Court

Hon'ble Judge(s): S. S. Sandhawalia , C.J. AND S. K. Jha , J

Limitation Act (36 of 1963) , Art.65— Adverse possession - Possession should be adequate in continuity, publicity and extent. In order to perfect a title by adverse possession (prescription) two ingredients are inseparable : Corpus possidendi (physical possession) and animus possidendi (intention to exclude the adversary from possession). The possession of the Corpus must be adequate in continuity, publicity and extent. The squatter cannot be allowed to put the owner to a negative proof upon the point of possession and the question of ouster is a pure question of fact.(Para 6)