Supreme Court Digest of Recent Cases
(2006) 7 SCC 570

Adverse Possession

— Concept — Possession must be hostile, in denial, either express or implied, of title of the real owner — For that it is essential that possessor must clearly know the actual owner of the property — Only then can be situation of being in hostile possession and question of denying title of true owner would arise — Possession must be peaceful, continuous and open, capable of being known by parties interested — In this case, since possessor was not sure whether plaintiff or the Govt. was true owner of the property, held, claim of adverse possession is not maintainable, (2006) 7 SCC 570



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