Limitation & adverse posession
rajesh
(Querist) 19 June 2012
This query is : Resolved
in suit for bare injuction the trial court errored by decreeing
then we approached senior as RA there appelete court reversed trial court ordered in our favour. It was ordered in our favour in high court, karnataka & supreme court of india in our favour. Now they have approaced first time suit for posession as thier name are in extract copy but dont have blue print who constructed the shop. Brief fact of case- The suit is multi storied our posession is in ground floor from 1971. suit is of ground floor and opposites are in first floor. now the query is of adverse or limitation. We have not put counter claim. We only want case to be dismissed. so request is for citations and any good sugesstion or documents. Pls. help
Shonee Kapoor
(Expert) 19 June 2012
Repeated query. This was answered a few days back.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Kiran Kumar
(Expert) 19 June 2012
the facts do not warrant a case where the suit can be dismissed in liminie.
let the other party prove his case.
keep one thing in mind that suit cannot be filed on the basis of Adverse possession however, the same can be raised as a defence....but its still difficult to prove the same.
