Person Claiming Adverse Possession Must First Admit Ownership Of True Owner

Setting aside a judgment of Bombay High Court which had held that it is not necessary for a ‘defendant’ to first admit the ownership of the ‘plaintiff’ before raising a plea of adverse possession, the Supreme Court, in Dagadabai vs Abbas, has held that a person claiming adverse possession must necessarily first admit the ownership of the true owner over the property to the knowledge of the true owner.

A bench comprising Justice RK Agrawal and Justice AM Sapre also observed that the true owner has to be made a party to the suit to enable the court to decide the plea of adverse possession between the two rival claimants.

Article referred:http://www.livelaw.in/person-claiming-adverse-possession-must-first-admit-ownership-true-owner-sc/

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