What is “Adverse Possession” and on whom the burden of proof lies and what should be the approach of the Courts while dealing with such plea have been the subject matter of a large number of cases of this Court.
The Apex Court in the matter of Mallikarjunaiah vs. Nanjaiah & Ors. (CA 7768/2011) held that adverse possession means hostile possession which is expressly or impliedly in denial of the title of the true owner and in order to constitute adverse possession, the possession must be adequate in continuity, in publicity and in extent so as to show that it is adverse to the true owner. The possession must be open and hostile enough so that it is known by the parties interested in the property. Claim by adverse possession has two basic elements i.e. the possession of the defendant should be adverse to the plaintiff and the defendant must continue to remain in possession for a period of twelve years thereafter. (Link : https://sci.gov.in/supremecourt/2008/15014/15014_2008_Judgement_26-Apr-2019.pdf)