Adverse possession?

G. ARAVINTHAN (Querist) 13 August 2011 This query is : Resolved
In a suit for recovery of possession, when the defendant pleads right of title of ancestral, can she plead for adverse possession by way of filing additional Written Statement?

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Khaleel Ahmed Mohammed (Expert) 13 August 2011
Additional written statement is not necessary,in the written statement the defendant can claim her adverse possession.Further it is advised to file a petition before the court to appoint advocate commissioner to find the physical possession over the disputed property by the defendant.

Raj Kumar Makkad (Expert) 13 August 2011
If written statement has already been filed and now defendant also wants to plead an additional ground of retaining the possession by way of adverse possession then it is permissible and advisable to do so as it shall not harm is case even if he has already taken a plea of possession by way of title received in inheritance.

O. Mahalakshmi (Expert) 13 August 2011
I agree with Mr. Raj Kuamr

Ravikant Soni (Expert) 15 August 2011
A party can hold different and alternative pleadings to support his case.

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