AIR 1944 NAGPUR 20

Nagpur High Court

Hon'ble Judge(s): Niyogi , J

(A) Transfer of Property Act (4 of 1882) , S.41— Silence on part of real owner when works as estoppel. Silence on the part of the real owner would not work an estoppel unless it was such as to induce a @page-Ngp21 belief that he had no rights :(Para 22e) (B) Adverse possession - Constructive possession-Presumption of, in favour of trespasser if can arise. The doctrine that possession follows title means that when a rightful owner is not in actual physical possession, he would in the eye of the law be deemed to be in possession. The benefit of such a presumption can accrue only in favour of a rightful owner but not in favour of a wrong doer. The latter can acquire a title only by actual physical possession. It would be contrary both to principle and authority to imply a constructive possession in favour of a wrong b doer so as to enable him to obtain thereby a title by limitation :(Para 22h) Any title which a trespasser may acquire is strictly limited to what he has actually possessed and the maxim tantum prescriptum quantum possessum must be rigorously applied. In the case of a trespasser possession of a part cannot found a presumption of possession of the whole. A party, who is in ....