Adverse Possession – When a party claims adverse possession, he must know who the actual owner of the property is – To prove the plea of adverse possession :- (a) The plaintiff must plead and prove that he was claiming possession adverse to the true owner; (b) The plaintiff must plead and establish that the factum of his long and continuous possession was known to the true owner; (c) The plaintiff must also plead and establish when he came into possession; and (d) The plaintiff must establish that his possession was open and undisturbed – by pleading adverse possession, a party seeks to defeat the rights of the true owner, and therefore, there is no equity in his favour – Referred to f M. Siddiq (Ram Janmabhumi Temple-5 J.) v. Suresh Das (2020) 1 SCC 1 and Karnataka Board of Wakf v. Govt. of India (2004) 10 SCC 779. (Para 9-13)
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