AIR 2014 (NOC) 216 (ALL.) (LUCKNOW BENCH) ::2013 (6) ALJ 316

Allahabad High Court ( Lucknow Bench )

Hon'ble Judge(s): Sudhir Agarwal , J

(A) Words and Phrases — Words ' corpus possessionis— and ' animus possidendi— — Meaning of, explained {" The essentials of possession in the first instance include a fact to be established like any other fact. Whether it exists in a particular case of not, will depend on the degree of control exercised by the person designated as possessor. If his control is such that he effectively excludes interference by others then he has possession. Thus the possession in order to show its existences must show ' œcorpus possessionis' ‌ and an ' œanimus possidendi' ‌. "}

(B) Limitation Act (36 of 1963) Art. 64, 65 — Adverse possession — Concept of — Explained — Possession with permission and mercy of erstwhile owner — Cannot be said to be an adverse possession {" The concept of adverse possession contemplates a hostile possession, i.e., a possession which is expressly or impliedly in denial of the title of the true owner. Possession to be adverse must be possession by a person who does not acknowledge the other— s right and, in fact denies the same. A person who bases his title on adverse possession must show by clear and unequivocal evidence that his possession was hostile to the real owner and amounted to denial of his title to the property claimed. In order to determine whether the act of a person constitutes, adverse possession, is ' animus in doing that act— , and, it is most crucial factor. Adverse possession commences in wrong and is aimed against right. A person is said to hold the property adversely to the real owner when that person in denial of owner— s right excluded him from the enjoyment of his property. Adverse possession is that form of possession or occupancy of land which is inconsistent with the title of the rightful owner and tends to extinguish that person— s title. Possession is not held to be adverse if it can be referred to a lawful title. The persons setting up adverse possession may have been holding under the rightful owner— s title, i.e., trustees, guardia....