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
|