Sep
1
2017


The Delhi High Court in Ved Prakash and Ors. vs. Niranjan Singh on 09.08.2017 stated that in order to establish claim of adverse possession, the first and basic ingredient in law is that the possession of the person must be hostile and owner would be deemed to be in possession of the suit property so long as there is no intrusion. Non-use of the property by the owner even for a long time would not affect his title. The position will be altered when another person takes possession of the suit property and asserts a right over it. Adverse possession is a hostile possession by clearly asserting hostile in denial of the title of the true owner. The party claiming adverse possession must prove that his possession is peaceful, open and continuous. The possession must be adequate in continuity, in publicity and in extent to show that their possession is adverse to the true owner. It must start with a wrongful disposition of the rightful owner and be actual, visible exclusive, hostile and continued over the statutory period. It is also well settled that a person pleading adverse possession has no equities in his favour. Since he is trying to defeat the rights of the true owner, it is for him to clearly plead and establish all facts necessary to establish his adverse possession.








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