Law:

Section:

(a) Adverse possession--- ----Necessary ingredients---Enumerated. Following are the necessary ingredients with regard to adverse possession:--- (1) Adverse possession should be open, hostile, which is expressly or impliedly denial of title of true owner. (2) Mere possession of land howsoever long, would not give a party adverse possession. (3) Adverse possession should be known to public. (b) Limitation Act (IX of 1908)--- ----Art. 144--- Adverse possession--- Limitation--- Starting point---Principle---Starting point with regard to adverse possession is the period from when first time it is declared by person holding such possession, openly, widely and in a hostile manner that possession is adverse and is a categorical denial of title of real owner about property in question---Such possession should be for an uninterrupted period of more than 12 years---Possession must be nec vi nec clam nec precario i.e. peaceful, open and continuous. (c) Specific Relief Act (I of 1877)--- ----Ss. 8 & 42---Suit for recovery of possession and declaration---Adverse possession---Plaintiffs sought possession of suit property claiming themselves to be owners and defendants as trespassers---Suit and appeal were concurrently decided in favour of plaintiffs---Validity---Plaintiffs admitted that houses in question were more than 40 years old and were constructed before 1947 and no legal action was taken by plaintiffs against defendant between years 1947 and 1979 i.e. when rent application was filed by plaintiffs against defendants for ejecting them from suit property or restraining them from raising illegal construction on their property---Plaintiffs had to prove that they or their predecessors were at any point of time in possession of suit property---No answers were available to such questions and the same could only be answered after detailed deliberation and recording of evidence in such issues and allowing parties to lead evidence thereon---Plea of limitation and adverse possession were questions of facts and had to be established on record before the Court taking evidence, which was Trial Court---Simple averments and vague statements were not sufficient rather each and every…

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