Legal Question in Real Estate Law in India
property suit
The defendant has NOT RAISED any plea of ADVERSE POSSESSION ie.no plea of defence has been raised under art. 65 of the limitation act.Now my query is that notwithstanding the fact that the plea of adverse possession has not been taken by the defendent in the suit 4 possession 2 which I m plaintiff , is it absolutely necessary 4 me 2 prove that I WAS IN POSSESSION OF THE SUIT PROPERTY 12 YEARS
BEFORE THE INSTITUTION OF THE SUITas required under art. 64 (NOT 65) of the limitation act?.
4 Answers from Attorneys
Re: property suit
The limitation depands on your date of dispossesion.
Re: property suit
Apart from the faulure of defendant, you have to stand on your legs, proving your claim. Failure of defendant may be useful but not at all.
Re: property suit
If you had filed for possession, then you only have to prove that you were in possession and came to be dispossessed by the defendant.
Limitation will depends on your pleading about the date of dispossession.
Re: property suit
It may depend upon your suit - what relief you are seeking. The adverse possession is a defence and not a weapon. You may need to built your own case and prove your case independent of the case of the defendant.
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