Law:

Section:

Limitation Act (IX of 1908)-----Art. 144---Adverse possession---When the possession which was initially permissive could be converted into adverse possession---Law and principles stated. When the possession was initially permissive, it can be converted into adverse possession only through an aggressive act by which there should be disclaimer of owner's title of such a character and so open that the real owner must be presumed to know that possession adverse to his title has been established. Nothing but a clear, unequivocal and notorious disavowal of the title of the owner will render the possession adverse - a long continued, possession hostile to him. In other words there must be express and open denial of the title of true owner and animus of exclusive ownership.--------The principle underlying the rule that if origin of possession is based on legality, no adverse possession begins until denial to knowledge of owner, seems to be that unless the owner has the notice that a person in possession has developed a definite intention to challenge his ownership and set up an immoral illegal possession like that of trespasser, it would not be open and hostile possession. And the concept of might is right would not till then be relevant. It should be a real usurpation, ravishment, rapacity and destruction as against justice, equity, good conscience and fair play. Until this clear, open and hostile clash between good and bad emerges starting point of adverse possession is not established. This view is further strengthened on the basis of which another rule, namely, that a co-sharer cannot be held to be in adverse possession against another co-sharer, is based. Because where one of the several heirs takes possession, his possession is not adverse to his co-sharers as he traces back the same to a lawful title and thus he would not be treated as a trespasser. The further corollary, again developed through case-law on this principle regarding co-sharer is that if a co-sharer also becomes a usurper and openly as well as in a hostile manner revolts against a co-sharer; and either by deceit or by force or other similar elements of treachery, completely ousts a co-sharer; only…

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