2017 AIR CC 622 (P&H)

Punjab And Haryana High Court

Hon'ble Judge(s): Darshan Singh , J

(A) Limitation Act (36 of 1963) Art. 65 — Adverse possession — Suit for declaration — Plaintiff claiming ownership on basis of adverse possession — Plea of adverse possession is available to defendant against plaintiff — Plaintiff cannot seek declaration on basis of plea of adverse possession — Further plaintiff unable to establish ingredients of adverse possession — Possession of land by wrongful dispossession of true owner not proved — Plaintiff cannot be said to be in adverse possession of suit land In the instant case, plaintiff claims to be owner of land on the basis of adverse possession. The adverse possession is hostile possession by clearly asserting hostile title in denial to the title of true owner. The said possession must be adequate in continuity, to the knowledge of true owner and must start with wrongful dispossession of rightful owner. A person claiming adverse possession has to show on which date he came into possession, what was the nature of his possession, whether the factum of possession was known to the true owner, how long his possession continued and whether it was open and undisturbed. Possession of plaintiffs was permissive and they have not pleaded that when this permissive possession converted into adverse and in which manner. Revenue record does not reflect their possession as adverse. Plaintiff has failed to prove ingredients of adverse possession. AIR 2006 P&H 195, 2004 (2) RC....