AI Overview...
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Alternative Plea of Adverse Possession - Several cases acknowledge that parties can raise an alternative plea of adverse possession alongside their primary claim, provided the pleadings are consistent and properly amended. However, the maintainability of such pleas often depends on procedural compliance, such as notice under relevant statutes (e.g., Section 80 CPC, Section 53-B of the Delhi Development Act) GOOD WILL INDIA LIMITED VS UNION OF INDIA - Delhi.
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Procedural Requirements and Limitations - Courts have emphasized that an alternative plea of adverse possession may not be maintainable without proper notice or compliance with statutory procedures. For instance, a plea introduced via amendment without notice under Section 53-B was held not maintainable GOOD WILL INDIA LIMITED VS UNION OF INDIA - Delhi.
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Binding Effect of Previous Judgments - Prior judgments regarding adverse possession are not necessarily binding on defendants, especially if the facts or pleadings differ. Courts have clarified that adverse possession cannot be claimed solely based on previous judgments if the current case's facts or pleadings differ Lajya Wati VS Surat Singh (deceased through his LRs) - Punjab and Haryana.
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Evidence and Plea Consistency - Courts have examined whether alternative pleas of adverse possession are consistent with other claims, such as tenancy or sale deeds. In some cases, courts found that raising an adverse possession plea was not contradictory to other claims, and such pleas could be considered without prejudice Manonmani VS D. Selvaraj - Madras, Rampal VS Board of Revenue - Rajasthan.
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Merits and Proof of Adverse Possession - The success of an adverse possession plea depends on the proof of continuous, open, and hostile possession for the statutory period. Courts have found that failure to prove these elements results in the plea being rejected Dhananjezhiyan VS Kuppu - Madras, VASANT NATURE CURE HOSPITAL & PRATIBHA MATERNITY HOSP. TRUST VS NATHIBEN WD/O UKABHAI KAMABHAI - Gujarat.
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Amendments and Pleadings - Petitioners have sought to amend pleadings to include adverse possession as an alternative plea. Courts have permitted such amendments, provided procedural requirements are met, but the actual proof remains critical for acceptance PRAFULLA KUMAR ROUTRAY VS COMMISSIONER OF CONSOLIDATION - Orissa.
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Summary - Courts generally recognize the maintainability of alternative pleas of adverse possession if properly pleaded and supported by evidence. However, procedural compliance, consistency with other claims, and proof of adverse possession elements are crucial for such pleas to succeed.
References:
- GOOD WILL INDIA LIMITED VS UNION OF INDIA - Delhi
- Lajya Wati VS Surat Singh (deceased through his LRs) - Punjab and Haryana
- Abdul Karim VS Hafij Mohammad - Madhya Pradesh
- Manonmani VS D. Selvaraj - Madras
- Rampal VS Board of Revenue - Rajasthan
- Dhananjezhiyan VS Kuppu - Madras
- PRAFULLA KUMAR ROUTRAY VS COMMISSIONER OF CONSOLIDATION - Orissa
- Parshotam Lal Sharma VS Subhash Chand Sharma - Punjab and Haryana
- Chimanlal Lallubhai Shah VS Dahyabhai Ranchhodbhai - Gujarat
- VASANT NATURE CURE HOSPITAL & PRATIBHA MATERNITY HOSP. TRUST VS NATHIBEN WD/O UKABHAI KAMABHAI - Gujarat
Search Results for "Alternative Plea of Adverse Possession is Maintainable"
1968 0 Supreme(Del) 116 • India - Delhi
HARDAYAL HARDY
Initially, they based their claim on a sale deed, but later amended the plaint to include an alternative plea of adverse possession ... The notice served under Section 80 Civil Procedure Code did not cover the alternative plea of adverse possession introduced by amendment ... not maintainable without notice under Section 53-B of the Delhi Development Act, 1957. ... Defendants I to 5 however took a preliminary objection to the effect....
2017 0 Supreme(P&H) 1413 • India - Punjab and Haryana
AMOL RATTAN SINGH
The previous judgment regarding adverse possession was not binding on the defendants. ... The previous judgment regarding adverse possession was not binding on the defendants. ... Ratio Decidendi: The plaintiffs could not claim ownership based on adverse possession. ... ... Yet further, it was held that the plaintiffs having in any case put forth a plea of their right to the property on the basis of a sale-deed executed by Mehnga Ram in their favour, the a....
1988 0 Supreme(MP) 272 • India - Madhya Pradesh
S.K.DUBEY
Fact of the Case: The plaintiffs, descendants of Peer Mohammad, filed a suit for partition of agricultural land and possession ... The defendants became the owners of the said suit lands by virtue of the previous partition, Which was held on or before the settlement year 1925-26 and since then the defendants are in possession of the land at Pipaldar as absolute owners, alternative plea of adverse possession was also raised. ... Second defence in the suit was that the suit for partial ....
2018 0 Supreme(Mad) 1682 • India - Madras
P.RAJAMANICKAM
Evidence Act] - The court discussed the plaintiff's claim of adverse possession as an alternative plea without prejudice to other ... the plaintiff's title, and the plea of adverse possession taken by the plaintiff. ... Adverse Possession - Property Dispute - Indian Evidence Act - [ADVERSE POSSESSION] - [PROPERTY DISPUTE] - [Section 58 of the Indian ... It is also specifically stated in the plaint....
2014 0 Supreme(Raj) 1474 • India - Rajasthan
M.N.BHANDARI
Whether the respondents' alternative plea for adverse possession was in contradiction to their claim as shikmi tenants? 3. ... The court also held that the respondents' alternative plea for adverse possession was not in contradiction to their claim as shikmi ... The court also held that the respondents' alternative plea for adverse possession was not in contradiction to their cla....
2020 0 Supreme(Mad) 954 • India - Madras
V.PARTHIBAN
plea of adverse possession – Circumstances this Court is considered view that claim of adverse possession even assuming for moment ... and enjoyment of suit scheduled properties – Held, Although it is not necessary for this Court to consider plea of adverse possession ... of appellants plaintiffs this Court is constrained to give its finding on merits of claim of plaintiffs in regard to their alternative ... The lower appellate Cour....
1996 0 Supreme(Ori) 204 • India - Orissa
P.K.MISRA, PRADIPTA RAY
They sought to amend their petition to include an alternative plea of acquisition of title by adverse possession. ... plea of acquisition of title by adverse possession? ... POSSESSION - PLEA OF ACQUISITION OF TITLE BY ADVERSE POSSESSION - WHETHER DESTRUCTIVE OF ORIGINAL CASE - POWER OF CONSOLIDATION ... In the said proceedings the petitioners filed a petition to amend their original objection pet....
2018 0 Supreme(P&H) 2989 • India - Punjab and Haryana
ANIL KSHETARPAL
of the property directing him to hand over vacant possession of the portion occupied by him--Suit for possession would not be maintainable ... Their possession is permissive without having any right, title or interest in the property. ... Specific Relief Act, 1963, S.38--Mandatory Injunction--A suit for injunction can be filed against a family member who is in joint possession ... It may be noted that in the aforesaid judgment, son had taken a plea that he is tenant or in the #HL_START....
1995 0 Supreme(Guj) 41 • India - Gujarat
M.R.CALLA
of adverse possession. ... of tenancy and adverse possession initially raised - Plea of adverse possession voluntarily waived but revived again on the basis ... possession and on account of this error of jurisdiction, while exercising the same, the order of remand can not be sustained in ... There is no doubt that it is open to a party to take inconsistent plea in alternative, provided such inconsistent stand is #H....
2012 0 Supreme(Guj) 488 • India - Gujarat
C.L.SONI
The defendant No.1 has also failed to prove his alternative plea of adverse possession - Appeal is allowed ... Therefore, on the above two substantial questions of law, I hold that not only the suit was maintainable having been filed by the ... and termination of licence cannot be invalidated on that ground - Any of trustees entitled to file suit against person holding adverse ... The defendant No.1 has also failed to prove his alternative plea of #....
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