Can Defendants Plead Both Prescriptive Title and Ownership?

a course would prevent or prejudice the setting up by the defendant of a plea of prescriptive title. ... The Plaintiff then sought to amend his plaint by setting out precisely the title of the persons who had leased the land to the Defendant and had subsequently sold the land to the Plaintiff, and by adding an averment that he and his predecessors had acquired title by prescription as well ... Privity of contract (whether it be by original agr....

2023 Supreme(SRI)(SC) 20729

Thus, if one claims prescriptive title to gain ownership of a property, he must reveal against whose ownership the adverse possession was exercised. In I. ... Thus, it is clear that it is a party to an action, whether it be a plaintiff, defendant or an intervenient, who can ask for a decree based on prescriptive title. ... as the point of contest number 3 raised at the trial focus on whether the Plaintiff and the 1st to 5th Defenda....

2023 Supreme(SRI)(SC) 20663

and their predecessors in title, consequently acquiring prescriptive title thereto. ... share for more than 10 years thus acquiring prescriptive title. ... share for more than 10 years thus acquiring prescriptive title. ... prescriptive title against the fellow co-owners, can be addressed in toto. ... In fact, the parties have based their submissions on the issue of whether they, co- owners of the land sought to b....

Savigny, in his well-known work on Possession (Bk. ... On a consideration of all the circumstances of the case, it is impossible to say, on the authorities I have cited, that she had conferred on the defendant a prescriptive title by her own possession. She should be declared entitled to the other half of the land. ... The defendant alleges that whatever title Martenis and his heirs, the plaintiffs, may have had to the land has been extinguished by the land having been possesse....

2024 Supreme(SRI)(SC) 12751

Now, I prefer to consider the factual circumstances relating to the matter at hand to see whether the learned High Court Judges erred in holding that the 3rd Defendant had acquired prescriptive title against the Plaintiff, 1st Defendant and the 2nd Defendant. ... Therefore, in order to decide whether prescriptive title has been established, it is necessary to consider whether the wrongful possession of someone el....

2024 Supreme(SRI)(SC) 12699

Ponnamperuma (1996) 2 SLR 320 to justify, that in an action for a declaration of title and ejectment, the plaintiff need not sue by right of ownership but could do so, by right of possession and ouster as well. ... The Defendant- Respondent-Respondents (“the defendants”) rejected the contention of the plaintiff and pleaded that they had prescriptive title to the land in suit. ... that the defendants acquired prescriptive title to the land in suit. .....

I am inclined to the view that considerable circumspection is necessary to recognize the prescriptive title as undoubtedly it deprives the ownership of the party having paper title. ... as against the Defendant, if such title be established [Terunnanse v. ... Prescription In relation to the land in dispute The question arises whether in any event it is possible to claim prescriptive title to the land in dispute. ... Prescri....

Gunasekera.8 Let us now consider whether the Defendants discharged their burden of proof. The Defendants did not make a claim in reconvention in the prayer to the answer that they have acquired prescriptive title to the property. ... But by issue No. 13 raised at the trial, they did claim prescriptive title to the property. ... Leave was granted by this Court on the question whether the High Court erred in holding that the Defendants acquired prescriptive #HL_S....

2024 0 Supreme(Ker) 356

Whether the defendants/respondents can claim title as well as prescriptive title at the same time?2. ... He would further argue that even if it is assumed that they have claimed right of ownership as well as prescriptive title over the same property, it is not barred under law. 11. ... Therefore, I find no reason to think that there is any impediment in claiming ownership of property and in the alternative, a #HL_S....

2024 Supreme(SRI)(SC) 12782

The case for the Defendant-Respondent was that he and prior to him his mother had possessed the disputed portion of land for well over the prescriptive period and has thus acquired a prescriptive title thereto. ... Jegatheesan, Licensed Surveyor which is a mandatory requirement in the acquisition of prescriptive title? ... General statements which lack coherence do not carry any probative value in support of prescriptive title. ... ....

2019 7 Supreme 559

So the only question is whether the defendant could plead that the title was in the State? To the first two questions we find no difficulty in furnishing an answer. So the only question is whether the defendant could plead that the title was in the State? Since in every such case between trespassers the title must be outstanding in a third party a defendant will be placed in a position of dominance. He has only to evict the prior trespasser and sit pretty pleading that the title is in someone else.

2016 0 Supreme(P&H) 2520

As to what can be termed to be proper custody as stipulated in Section 90 aforesaid? Hence, as regards that contention of the learned Senior Counsel appearing for the respondent, it is rejected, with substantial questions of law existing and in fact in terms of which arguments have been addressed by learned counsel on both sides. Hence, this Court proceeds to deal with each of the aforesaid questions, in the context of the facts of the case. (iv) Whether the defendant can be allowed to plead ownership of the suit property by way of adverse possession as an alternative plea, when he....

2006 0 Supreme(AP) 1148

Whether the pleas of derivative title as well as prescriptive title cannot be taken simultaneously or in the alternative? (2) Whether the respondents disclaimed the plea of derivative title before taking up the prescriptive title? (3) Whether the impugned judgment of the Special Court suffers from any vice of illegality? In view of the competing claims, the points that arise for our determination are thus: (1)

2002 0 Supreme(Mad) 1096

As the properties did not belong to Sivanu Konar, his son Thavasi Konar did not get any right. After Sathayee Ammal her daughters and after them, the first and the fourth defendants had been paying the tax and the pattas also had been transferred in their names. Thavasi Konar got married and went to live in his wife's family as per community custom. Defendants 1 and 4 have become entitled to the properties by prescriptive title as well.

1989 0 Supreme(Ker) 397

Since in every such case between trespassers the title must be outstanding in a third party a defendant will be placed in a position of dominance. So the only question is whether the defendant could plead that the title was in the State? He has only to evict the prior trespasser and sit pretty pleading that the title is in someone else.