Deletion of issue related to adverse possession
ckanta
(Querist) 07 November 2014
This query is : Resolved
Sir,
I have filed one case related against my brother related with suit for possession and permanent injunction on the basis of GD in my favour and alleged my brother as licensee. I have acquired the ownership on the basis of GD executed in year 2000 by my mother in my favour and my brother alleged that he is residing in this property since 1973 and claiming adverse possession since then. However this property is undivided family property and my mother gifted me by virtue of registered GD in year 2000.Defendant (My brother) has taken adverse possession as his defense and also said that he is residing in this property since 1973 and having electricity meter in his name
Query is Court has framed an issue "whether DEFENDANT IS OWNER BY WAY OF ADVERSE POSSESSION (OPD).
My query is whether adverse possession is applicable in case of joint property and in blood relation.
Could you provide me any judgment on the same for detailed study?
Under which order to move an application under CPC to delete the issue
Thanks In advance
Devajyoti Barman
(Expert) 08 November 2014
rULE OD aDVERSE pOSSESSION APPLIES TO CO-SHARER ALSO.
yOU HAVE TO DISPROVE THIS FACT BE ADDUCING EVIDENCE DURING TRIAL.
Advocate Bhartesh goyal
(Expert) 08 November 2014
Yes,rule of adverse possession applies.To claim adverse possession your brother have to establish not only the continous possession without any interruption but also that such possession was hostile to the true owner and you have to disprove the same by cogent evidence.
Rajendra K Goyal
(Expert) 08 November 2014
Adverse possession applies in the given facts. Agree with the experts.
T. Kalaiselvan, Advocate
(Expert) 12 November 2014
Merely by producing the electricity bills or some other tax receipts, the adverse possession cannot be proved, the possession hostile to the owner has to be established by cogent evidence. The claim for adverse possession may not sustain.
