Adverse Possession

It is a hostile possession by clearly asserting hostile title in denial of the title of true owner. A party claiming adverse possession must prove that his possession is peaceful, open and continuous – nec vi, nec clam, nec precario. The possession must be adequate in continuity, in public and in extent to show that possession is adverse to the true owner. It must always start with a wrongful possession and be actually, peaceably, exclusively hostile and continued over a fixed statutory period[1]. Therefore, a person who claims adverse possession must show: (a) on what date he came into possession, (b) what was the nature of his possession, and (c) his possession was open and undisturbed.[2] (Dr. K. Subbaiah v. C.N. Krishnamacharlu[3]). Adverse possession, to satisfy the tests, must be with hostile animus against the real owner.[4] where possession is through an invalid sale, the vendee, ipso facto, acquires adverse possession from the date of possession itself nd in such case, such person becomes the owner after the lapse of the statutory period.[5] (Devarapu Narasimharao v. Yerrabothula Peda Venkaiah and Ors.[6])

[1] 60 years for Government Land and 12 years in other cases. D.N. Venkatarayappa v. State of Karnataka, (1997) 7 SCC 567

[2] Mahesh Chand Sharma (Dr.) v. Raj Kumari Sharma (1996) 8 SCC 128

[3] 2011(2)ALT516, Para 31

[4] Mohd. Ibrahim v. Secretary to the Government of India, Ministry of Defence, and Ors.,1996(2)ALT950 (D.B.)

[5] Mohd. Karemuddin Khan (died) and Ors. v. Syed Azam, 1997 (2) ALT 625; Nakkalapu Annapurnamma v. Nakkalapu Narendra Kumar and Ors. 1997 (4) ALD 97

[6] 998(2)ALT513

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