Karnataka Board of Wakf v. Government of India
A claimant pleading adverse possession must clearly and unequivocally plead and prove animus possidendi and the date of commencement of hostile possession; the burden lies wholly on him.
Facts
The Karnataka Board of Wakf claimed title to certain property as against the Government of India, asserting, among other things, possession adverse to the true owner. The pleadings and evidence did not establish when and how the possession became hostile to the title-holder. The Court examined whether the requirements of a valid plea of adverse possession had been satisfied.
Issues
- What are the essential ingredients a person must plead and prove to succeed on a plea of adverse possession.
- On whom does the burden lie to establish adverse possession and from what date does it run.
Arguments
The Wakf Board contended that long and continuous possession of the property entitled it to claim title by adverse possession. The Government contended that the Board had failed to plead or prove the essential elements, including the animus and the starting point of hostile possession against the true owner.
Held
The Court held that a person claiming adverse possession must prove that his possession was nec vi, nec clam, nec precario - peaceful, open and continuous - and, crucially, hostile to and to the knowledge of the true owner with the requisite animus possidendi. He must plead and prove the specific date from which he is claiming hostile possession; vague or general assertions are insufficient. The burden of proof lies entirely on the person asserting adverse possession, and possession that begins permissively or without hostility cannot ripen into title. Since these requirements were not satisfied, the plea failed.
Ratio decidendi
Adverse possession requires clear pleading and proof of open, continuous, peaceful and hostile possession with animus possidendi and a definite starting date, the burden resting wholly on the claimant.
Significance
A leading and frequently cited authority laying down the essential ingredients and the strict pleading-and-proof requirements for adverse possession; routinely relied upon to reject vague or permissive-possession claims.
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