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Suit for Adverse Possession



Synopsis Pleading, Drafting and Conveyance

Submitted to:
Ms. Shakuntala Sangam
Assistant Professor (Law)
Department of Legal Studies
Dr. Ram Manohar Lohiya National Law University, Lucknow

Submitted by:
Mayank Verma
Class of 2011-16
3
rd
year VI
th
Semester
ROLL NO. 65
ENROLLMENT NO. 110101064







Dr. Ram Manohar Lohiya National University, Lucknow


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TITLE: -Suit for Adverse Possession
INTRODUCTION
Adverse Possession is that form of possession or occupancy of land which is inconsistent with
the title of any person to whom the land rightfully belongs and tends to extinguish that persons
title.
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The claim to rights and interests in relation to property on the basis of possession has been
recognized in all legal systems. Uninterrupted and uncontested possession for a specified period,
hostile to the rights and interests of true owner, is considered to be one of the legally recognized
modes of acquisition of ownership. The prescription of periods of limitations for recovering
possession or for negation of the rights and interests of true owner is the core and essence of the
law of adverse possession.
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A method of gaining legal title to real property by the actual, open, hostile, and continuous
possession of it to the exclusion of its true owner for the period prescribed by state law. Personal
Property may also be acquired by adverse possession.
Adverse possession is similar to prescription, another way to acquire title to real property by
occupying it for a period of time. Prescription is not the same, however, because title acquired
under it is presumed to have resulted from a lost grant, as opposed to the expiration of the
statutory time limit in adverse possession.
The law on adverse possession is contained in the Indian Limitation Act. Article 65, Schedule I
of The Limitation Act prescribes a limitation of 12 years for a suit for possession of immovable
property or any interest therein based on title. It is important to note that the starting point of
limitation of 12 years is counted from the point of time when the possession of the defendants
becomes adverse to the plaintiff. Article 65 is an independent Article applicable to all suits for
possession of immovable property based on title i.e., proprietary title as distinct from possessory
title.

1
WHARTONS Pocket Law Dictionary
2
Consultation Paper-cum-Questionnaire on Adverse Possession of Land/Immovable Property by Law commission
of India 2012

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Article 64 governs suits for possession based on possessory right. 12 years from the date of
dispossession is the starting point of limitation under Article 64. Article 65 as well as Article 64
shall be read with Section 27 which bears the heading Extinguishment of right to property.
It lays down: At the determination of the period hereby limited to any person for instituting the
suit for possession of any property, his right to such property shall be extinguished. That
means, where a cause of action exists to file a suit for possession and if the suit is not filed
within the period of limitation prescribed, then, not only the period of limitation comes to an end,
but the right based on title or possession, as the case may be, will be extinguished. The section
assists the person in possession to acquire prescriptive title by adverse possession.
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OBJECTIVE:
The objective of this research is to find out the answer backed by case-laws of the following
questions:
1). What are the burden of proof on a person claiming ownership on the basis of adverse
possession owing to the inherent inequity of it?
2). What are the ingredients that must be fulfilled for a successful prosecution?

SUMMARY OF THE FACT:
The plaintiff owned and possessed a plot of land measuring 50 acres in a village of Sultanpur.
Late Alok nath , father of the defendant gave it (land) to late Ajay Nath on 09-09-51 by
executing a Katcha Gift Deed in presence of village people. Late Alok Nath and Late Ajay Nath
were two brothers from the same parent and Late Alok Nath did it because he left his native
village and settled in a separate village as he married there. Before leaving his village he gave his
share of property to his younger brother Late Ajay Nth. Since 1951 Shri Ajay Nath was in
possession of the said land. The sons of Ajay Nath were also in possession of the said land.

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Law of Limitation & Prescription
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They planted various types of valuable trees, coconut, banana trees etcand in some portions they
also cultivated seeds of rice. They also grew vegetables and the boundary fencing was
constructed by them and the land was intheir possession. In the meantime both the brothers have
been expired. The defendants made an attempt to occupy the land after lapse of 43 years and
tried to demolished the boundary fencing, but failed to occupy the land. The land is still under
the possession of the plaintiff and they have paid the land revenue.
The defendants have no right over the suit land as they are not in possession of the land since
1951. The plaintiffs are in hostile possession and they have accrued the right over the suit land
by adverse possession.
PRAYER:
Wherefore in the light of the facts stated, issues raised, authorities cited and arguments
advanced, it is most humbly prayed before this Honble Court that it may be pleased to:
Declare that: the right, title and interest of the plaintiffs over the suit land by way of adverse
possession and for order of temporary injunction restraining the defendant, opposite party their
agents, workmen, successors etc. to enter into the suit land to raise any construction to alter the
present status of the suit land and to transfer the suit land in any manner.
DECIDED CASES:
1). State of Haryana v. Mukesh Kumar & Ors
2). Munichikkanna Reddy vs Revamma
3). Karnataka Board of Wakf Vs. GOI




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Bibliography:
The researcher is indebted to the following sources for information:
Primary Source:
The Transfer of Property Law by Dr. Poonam Pradhan Saxena Lexis Nexis Publication
Civil Procedure (CPC) with Limitation Act, 1963 by Justice C.K.Takwani (Thakker)
Eastern Book Company
Secondary Source:
Consultation Paper-cum-Questionnaire on Adverse Possession of Land/Immovable Property by
Law commission of India 2012
Web Source:
Manupatra
Scconline