Adverse Possession


Where  there is a conflict between the entries in the column of cultivation and the column of lagan and there is no independent evidence to substantiate the plea of adverse possession, the entries in the column of cultivation are to be given preference over the entries in the column of lagan . PLD 2004 SC 59


Right of adverse possession : Land in question, was rightly held to be in possession of mortgagee and defendant having entered into possession wrongfully could be directed to deliver possession to plaintiffs who had right as mortgagee to get possession thereof . P L J 2004 SC 185


Claim of adverse possession by co-sharer—Scope—One co-sharer is an owner in each and every inch of joint property—No co-sharer, in such circumstances, can claim adverse possession. 2004 S C M R 392   as Possession of a Joint owner could not be treated as possession adverse to the other Joint owners. 2002 S C M R 1000


Raising pleas of adverse possession and absolute ownership at the same time : —Adverse possession is not referable to a lawful title—both pleas are destructive of each other. 2004 S C M R 392


Permissive possession would continue to be permissive and could not be treated as hostile merely by afflux of time to the knowledge of the owner. 2002 SCMR 300

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