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ALKA SARIN
Kuldeep Kumar Sharma – Appellant
Versus
Rbl Banarsi Dass Trust Society Registered – Respondent
JUDGMENT
Alka Sarin, J. - The present appeal has been preferred by the defendantappellant against the judgments and decrees dated 16.05.2016 and 30.08.2022 passed by the Trial Court and the lower Appellate Court, respectively, whereby the suit filed by the plaintiff-respondent was decreed and the appeal filed by the defendant-appellant was subsequently dismissed.
2. The brief facts relevant to the present lis are that the plaintiffrespondent (RBL Banarsi Dass Trust Society) is a registered Trust which is owner of House No.4291 and House No.4291/2, behind B.D. Senior Secondary School, Cross-Road No.2, Ambala Cantt. One Hans Raj Sharma (father of the defendant-appellant) was a tenant in House No.4291 under the plaintiff-respondent Trust and after his death his son occupied it as tenant. The adjoining portion of House No.4291 i.e. House No.4291/2 was occupied by one Amar Nath Sharma, maternal uncle of the defendant-appellant, at a monthly rent of Rs.50/-. The said Amar Nath Sharma died without leaving any Class-1 legal heir. After his death, the defendant-appellant is stated to have occupied the said portion i.e. House No.4291/2 and started paying rent for the same against receipts afte
The burden of proof for adverse possession lies with the defendant, who must admit the ownership of the true owner and involve the true owner in the suit to establish adverse possession. Substantial ....
The defendant must admit the ownership of the true owner and prove adverse possession with adequate evidence.
The burden of proof to establish adverse possession lies with the party claiming it, requiring clear evidence of continuous, open, and hostile possession for the statutory period.
To establish adverse possession, the claimant must specifically plead and prove a hostile assertion of ownership, disclaiming the original title from a particular date, which was not accomplished her....
Adverse possession claims require acknowledgment of the original owner's title; mere long-term possession without proof of acknowledgment negates the claim.
Adverse Possession – Facts constituting ingredients of adverse possession must be pleaded and proved by plaintiff – Plaintiff must plead and prove that he was claiming possession adverse to true owne....
Long possession without clear evidence of hostile intent does not equate to adverse possession, and permissive possession cannot turn adverse without communication of hostility.
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