2018 AIR CC 1674 (KER) ::2018 (2) KLT SN 63 (KER) ::(2018) 2 Ker LJ 643

Kerala High Court

Hon'ble Judge(s): A. Hariprasad , J

(A) Limitation Act (36 of 1963) , Art.64, Art.65— Adverse possession - Claim for - It is not necessary that identity of real owner should be known to person in adverse possession. In order to constitute adverse possession, it must be established that person having no right to possess property had entered into possession thereof and that his possession was adverse to true owner. Adverse possession must be open and without any attempt at concealment. Adverse possession really means hostile possession which is expressly or impliedly in denial of title of true owner. Law does not require that adverse possession must be so effective, so as to bring it to the specific knowledge of owner, because that is only an essential ingredient where ouster is pleaded by one co-owner/co-sharer against other. As possession must be open and hostile enough to be capable of being known by parties interested in property, it is not necessary that there should be evidence of adverse possessor actually informing real owner of former's hostile action. It is also well settled that person entering land belonging to another under some kind of legal right or permission cannot prescribe adverse title, unless he renounced that right to knowledge of person who put him in possession and re-entered property with hostile animus. Further more, possession required must be adequate in continuity, i....