AIR 2020 SUPREME COURT 4178

Supreme Court Of India

(From : Karnataka)*

Hon'ble Judge(s): Sanjay Kishan Kaul, Ajay Rastogi, Aniruddha Bose , JJJ

Limitation Act (36 of 1963) , Art.65— Adverse possession - Pleas of title and adverse possession cannot be advanced simultaneously and from same date as it would amount to contradictory pleas. In the present case, appellants on one hand have sought to take plea of bar of limitation vis-a-vis original defendant claiming that possession came to them in 1976, with suit being filed in 1989. Yet at same time, it is claimed that wife of defendant had title on basis of these very documents. Claim of title from 1976 and plea of adverse possession from 1976 cannot simultaneously hold. On failure to establish plea of title, it was necessary to prove as to from which date did possession of wife of defendant amount to hostile possession in a peaceful, open and continuous manner. Supreme Court fail to appreciate how, on one hand appellants claimed that wife of original defendant, had title to property in 1976 but on their failure to establish title, in alternative, plea of adverse possession should be recognised from the very date. Possession of wife of defendant stated to be on account of consideration paid. Assuming that transaction did not fructify into sale deed for whatever reason, still date when such possession becomes adverse would have to be set out. Thus, plea of adverse possession is lacking in all material particulars. Legal position, thus, stands as evolved ....