Legal Question in Real Estate Law in India

Pleas

Can pleas that the plaintiff is not the owner & that the defendant is the owner by way of adverse possession b taken in ws in the same suit. whether self-contradictary pleas can b taken or allowed 2 b taken by the court?


Asked on 9/21/08, 11:15 am

3 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Pleas

yes,

it is not contradictory

the plaintiff will not be owner ONLY when defendent claims to bethe owner

in any case, the defendant can deny plaintiff's ownership; and CLAIM his own ownership by adverse possession by claiming that he had ousted the real owner on so and so date (prior to 12 years) by declaring himself the owner. for more guidance/details, write me full facts of your case.

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Answered on 9/21/08, 11:01 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: Pleas

Contradictory pleas are not prohibited. However, such plea are likely to weaken the case.

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Answered on 9/22/08, 2:16 am
Urvi Rathod UR Legal (International Law firm) Advocates & Legal Consultants

Re: Pleas

no self contrary pleas cannnot be taken and/or allowed by the court of law. yes dense of adverse possession can be raised in the w.s.

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Answered on 9/23/08, 6:35 am


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