Legal Question in Civil Rights Law in India

Adverse possession

In a suit praying a) for declaration that the plaintiff is the owner of the property by law of adverse b)for declaration that a deed of sale exeuted by defdt 2and3 over the suit property as void. Plaintiff filed a suit. Defdt under O9R11 says that the plaint be rejected since ad velorem court fee is not paid in canvassing prayer b). Whather the prayer of the defdt is maintainable as because in a suit for declaration only fixed court fees is payable


Asked on 4/10/09, 12:20 pm

1 Answer from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Adverse possession

The court may adjudicate the issue and you are found liable, you may be given time to affix the appropriate court fees.

However, the maintainability of a suit for title 'by adverse possession' is doubtful. The right of 'adverse possession' may be a valid shield but not a sword. You could possibly seek an injunction restraining the defendants from dispossessing you but not the title or the sale deeds executed by the original owner.

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Answered on 4/14/09, 12:11 pm


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