A.Sinha & Associates, Advocates

PRINCIPLES OF ADVERSE POSSESSION The Supreme Court in the case of T.Ravi vs B.Chinna Narasimha (2017) 3 SCC (Civil) has briefly discussed the principles of "Adverse Possession" as follows: i)  Merely a bald statement that there was Adverse Possession is not enough to set up a plea of Adverse Possession.  It has to be clearly set out from which date it commenced and became hostile when there was repudiation of the title. ii) There are 3 classic requirements of plea of Adverse Possession - "Nec Vi", "Nec Clam" and "Nec Precario" meaning peaceful, open and continuous respectively and it is important to plead and prove the same. The Supreme Court cited the case of Karnataka Board of Wakf vs Union of India (2004) 10 SCC 779 which held that when litigation was pending regarding the property, it cannot be said that the possession was peaceful or hostile in any view of the matter. The relevant paras held:   “11. In the eye of the law, an...