In 1967we had purchased land with agreement to sale but after few days seller filed a suit on the ground of illegal possession. Court ordered that we have possession through part performance of contract. Unfortunately we didn't file suit for specific performance of contract in time but at the same time we have possession till today. Seller didn't take any legal action till today. Now I want to know whether my possession is permissive or adverse and can I claim title on basis of adverse possession with new judgement of supreme court on 7th august 2019. Please refer case laws with this matter.
Adverse possession can only be claimed as defence
2) you cannot file suit claiming title by adverse possession
3)
adverse possession can be used as a shield and not as a sword.
4) it is a settled that no declaration of title can be sought on the basis of adverse possession.
5) even if the plaintiff is found to be in adverse possession, it cannot seek a declaration to the effect that such adverse possession has matured into ownership.
See if your possession is authorised by court it is not adverse possession you have to file suit seeking performance and/or declaration of your ownership over property and registration of same in your favor
You can file adverse possession
You should file declaratory suit to claim ownership of property on basis of court orders and continuous possession of property.
You are claiming title under a 1967 contract
Even court has declared that your possession is in part performance of contract
Once there is a contract under which a party claims, that party cannot take the plea of adverse possession, because the pleas of right on basis of contract and right on basis of adverse possession are inconsistent pleas and both cannot be taken together ie the party has to rely on anyone plea only
If you claim right and title by adverse possession then you will have to renounce your right under the contract and the court decree saying that your possession is in part performance of contract
Since the limitation period for filing a specific performance suit has already lapsed, you cannot file any such suit now
So you will have to renounce your claim under the 1967 contract and instead base your claim on basis of adverse possession
Under the doctrine of adverse possession you can either file a suit seeking declaration of your title or you can defend your title if the original owner files a suit against you
Not possible to refer caselaws when the client has paid a pittance of Rs 600 only for the query. Case laws and legal research takes lot of time to find
It will be permissive possession
This is my response to you:
1. You will have to qualify for the three conditions to fulfill adverse possession;
2. If not then, it is very difficult to establish the same;
3. Either way, the Court should maintain status quo since you are in possession of the premises;
4. Consult a local lawyer and take steps.
Court has recognized your possession valid under the contract, hence you have De jure possession.
You can go ahead with your proposal to perfect the title by operating law of adverse possession if you satisfy the conditions stipulated in law for that.
You can talk to the previous owner and if possible arrive at a compromise situation, if not then you can file a declaratory suit to claim title.
you can file declaratory suit before jurisdictional civil court, contact local property lawyer in this regard with all relevant documents.
