Adverse possession
manish singh
(Querist) 11 August 2017
This query is : Resolved
( 1. ) If a plaintiff is in possession of disputed property for more than 30 yrs. & wants a declaration of his title by adverse possession then which section of Limitation Act will be applicable in his case ( S.64 or S.65 ) . Is there any SC case on this point.
( 2. ) If the plaintiff does not know as to who is the true owner of disputed property then can he take the plea of adverse possession successfully. ( SC Case Laws required . )
( 3. ) Does S.27 of Limitation Act has any application in the above two situations.
( 4. ) What is the position of Lessee in case of Permanent Lease if adverse possession is pleaded against such Lessee & the said lessee is not in possession. Will the lessee be treated as true owner or the Lessor will be the true owner ? Is there any Case Law on this point ?
P. Venu
(Expert) 12 August 2017
The matter requires professional consultation.
R.K Nanda
(Expert) 12 August 2017
take help of local lawyer as matter is complicated.
Kumar Doab
(Expert) 12 August 2017
Engage a very able LOCAL counsel of unshakable repute and integrity specializing in such matters and having successfully contested such matters.................
Rajendra K Goyal
(Expert) 12 August 2017
Without knowing full case details / material facts/ referring related documents nothing can be advised. Discuss with local lawyer.
Kumar Doab
(Expert) 12 August 2017
The courts may ensure that the possession originating from dishonesty and foul means, bad faith adverse possession, does not receive the same recognition.
manish singh
(Querist) 17 August 2017
Adverse Possession & Permanent Lease
P. Venu
(Expert) 17 August 2017
Facts posted are incomplete. What do you mean by "permanent lease"?
