venkitasubramanian m d (advocate) 26 November 2011

Adverse possession tenancy disproved. effect

We are for defendants:

Plaintiff files suit for recovey of possession of a house. He claims that defendant is in possession under an oral lease in the year 1980 Suit filed in 2007

Defdt. denies tenancy and claims adverse possession He and his family living in the house,paying building tax, with ration cards etc.

No lease document, no rent receipt, no witnesses to oral lease. oral lease disproved.

Proposition: When the plaintiff sues for ejectment, claiming that the defendant is a tenant under him and the lease is disproved, what is the effect. The plf. having failed to prove the oral lease proved, the defdt. must be deemed to be in adverse possession. That is to say, when permissive possession is pleaded and then it is disproved, then it is sufficient to attribute hostile animus as he possession is not with consent or permissive. What is the latest rulings to support the defendant?

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Shantilal Pandya ( Advocate) 20 February 2012

To plead adverse possession you must allege in your pleading that the plaintiff was the original owner, and that you possessed the property as an owner for atleast 12 years and to the exclusion of the plaintiff , i.e. hostile tile against the true owner for 12 years or more , . it is not stated as to how and in what cirumstances you came by possession of the suit property , once it is held that the property was held by the plaintiff as owner , and if you fail to prove necessary facts for adverse possesion , the court may pass decree in favour of the plaintiff finding if any to the effect that there is no tenancy does not necessarilty mean that your case of adverse possession is proved ! however discussuion for all detaieled facts is necessary for final opinion.