AIR 1942 BOMBAY 317

Bombay High Court

Hon'ble Judge(s): Broomfield, Macklin , JJ

(A) Bombay Land Revenue Rules (1921) , R.43— Building sites. Building sites can be granted on restricted tenure, i.e., on an inalienable tenure.(Para 318h) (B)Adverse possession - Ingredients of, stated. The possession required must be adequate in continuity, in publicity and in extent to show that it is possession adverse to the competitor. The classical rule is that the possession should be nec vi nec clam nec precario. It is not necessary that the adverse possession should be shown to have been brought to the knowledge of the owner. It is sufficient that the possession should be overt and without any attempt at concealment, so that the person against whom time is running ought, if be exercises due vigilance, to be aware of what is happening :(Para 320f,g) (C) (c) Maxims - Omne quod solo inaedificatur solo cedit - Applicability. The maxim omne quod solo inadificatur solo cedit does not apply in India :(Para 319d) .....