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Bombay HC: Adverse Possession Plea Does Not Shift Burden to True Owner

Verdictum•
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Summary

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  • The Bombay High Court has ruled that raising a plea of adverse possession does not shift the burden of proof to the true owner, emphasizing that the burden remains on the possessor to prove their claim.
  • The case involved a dispute over property in Village Mohone, where the defendants claimed adverse possession but admitted to encroaching on the plaintiffs' land.
  • The Court clarified that permissive possession cannot evolve into adverse possession without a hostile assertion and found that the plaintiffs' suit was within limitation.
  • This ruling reinforces the principle that mere long-term occupation does not equate to legal ownership, impacting future claims of adverse possession.

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