As per Indian law adverse possessor can't file suit for title ?

Question

In India asverse possessor can not file a suit as claiming title, i promptly require relavant judgments on this point pl. help me.

Answer 1

(1) Supreme Court Of India  JUDGEMENT INFORMATION SYSTEM

CASE NO.: Appeal (civil)  3594 of 2006

PETITIONER: T. Anjanappa and Ors

RESPONDENT: Somalingappa and Anr

DATE OF JUDGMENT: 22/08/2006

BENCH: ARIJIT PASAYAT & LOKESHWAR SINGH PANTA

"Adverse possession" means a hostile possession which is

expressly or impliedly in denial of title of the true owner.

Under Article 65 of the Limitation Act, burden is on the

defendants to prove affirmatively. A person who bases his title on adverse possession must show by clear and unequivocal evidence i.e. possession was hostile to the real owner and amounted to a denial of his title to the property claimed. In deciding whether the acts, alleged by a person, constitute adverse possession, regard must be had to the animus of the person doing those acts which must be ascertained from the facts and circumstances of each case. The person who bases his title on adverse possession, therefore, must show by clear and unequivocal evidence i.e. possession was hostile to the real owner and amounted to a denial of his title to the property claimed. (See Annasaheb v. B.B. Patil (AIR 1995 SC 895 at 902).

(2) Legal Service India.com

Girja Kumar and others v State of Himachal Pradesh and another - Date of Judgment: 31st Oct 2007.

Case No.: Appeal (civil) 6616 of 2000 -  Bench: Tarun Chatterjee & P. Sathasivam.