Karnataka Board of Wakf v Government of India (2004)

CPC & Limitation Act · Adverse Possession, Extinguishment of Right (s.27) & Distinction from Estoppel

Facts.

A dispute over property in which one side claimed title by long possession; the sufficiency of the pleading and proof of adverse possession was in issue.

Issue.

What must a person claiming adverse possession plead and prove, and can a permissive possessor claim it?

Held.

Adverse possession must be specifically pleaded and strictly proved — including the date on which possession became adverse — and it must be actual, open, hostile, continuous and exclusive. A person in permissive possession cannot claim it, since his possession admits the owner’s title.

Why it matters.

The standard modern checklist for pleading and proving adverse possession under s.27 / Article 65 (Topic 7).

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