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Madhya Pradesh High Court · body

1977 DIGILAW 157 (MP)

Ganeshi v. Soma

1977-04-25

K.K.DUBE

body1977
Short Note : It is well settled that where an alternative case that the title of the real owner was extinguished by long and uninterrupted adverse possession is set out in defence, it must be clearly pleaded and proved What was required to be pleaded was that the adverse possession was adequate in continuity in publicity and extent and it was at least required to show as to when the possession became adverse so that the starting point of limitation against the party effected can be found. A mere suggestion in the relief clause that there was an interrupted possession for 12 years or the plaintiff had acquired an absolute title was not enough to raise such a plea. It was observed that long possession is not necessarily adverse possession and the prayer clause is not a substitute for a plea. S.M. Karim v. Ms. Bibi Sakina, AIR 1964 SC 1254 , relied on. Appeal allowed.