Declaration of title and adverse possession


A person had executed agreement to sale in 1967 with my grandfather later he denied to execute sale deed and filed suit against grandfather for forcibly possession and later conteded time essence of contract on his allegations court said that he has not found cause of action and dismissed his suit with cost and ordered that purchaser has legal possession and his remedy for specific performance is not barred by limitation. But we not file suit for specific performance at the same time we have 50 years possession now I have filed suit for declaration of title and adverse possession . Is it maintainable? Sellers legal heirs have counterclaimed to recover possession (cause of action is I filed suit ) It says that adverse possession can be only defense by defendant, then what will be next step or strategy? Can I take advantage of counterclaim by filling rejoinder.

Answers (2)


255 votes

Hi
They are right by saying that adverse possession is defence only and suit seeking declaration of owership on basis of aderse possession is not maintanable. Now supreme Court has passed such verdict. So prima facie your suit is not maintanable for that relief. But even you have not filed suit for specific performance, you can protect possession over property if you proved that you was and is ready and willing to performed your part of obligation mentioned in the agreement.


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165 votes

It is true that adverse possession can only be claimed as defense. Moreover to claim adverse possession you have to accept that some one else is the owner. Consult a local lawyer specially dealing in property matters and see what he has to say. If possible I say that withdraw the suit.

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