Property and Legal Issues : An Important View of Supreme Court
It has been commented at Ravinder Kaur Grewal v Manjit Kaur [2019] GCtR 2206 (SC) thus : -
"The adverse possessor does not derive his title from the former owner, but from a new source of title, his possession. The “investitive fact” is the disseisin and exercise of possession as observed in Camp v. Camp [Camp v. Camp, 5 Conn 291 (1824)] ; Price v. Lyon [Price v. Lyon, 14 Conn 279, 290 (1841)] and Coal Creek Consol. Coal Co. v. East Tennessee Iron & Coal Co. [Coal Creek Consol. Coal Co. v. East Tennessee Iron & Coal Co., 105 Tenn 563 : 59 SW 634, 636 (1900)]".
"Possession is the root of title and is right like the property. As ownership is also of different kinds of viz. sole ownership, contingent ownership, corporeal ownership, and legal equitable ownership. Limited ownership or limited right to property may be enjoyed by a holder."
"The possession as trespasser is not adverse nor long possession is synonym with adverse possession."
"The operation of the statute of limitation in giving a title is merely negative; it extinguishes the right and title of the dispossessed owner and leaves the occupant with a title gained by the fact of possession and resting on the infirmity of the right of others to eject him."
"A person in possession cannot be ousted by another person except by due procedure of law and once 12 years' period of adverse possession is over, even owner's right to eject him is lost and the possessory owner acquires right, title and interest possessed by the outgoing person/owner as the case may be against whom he has prescribed."
"Tacking is based on the fulfilment of certain conditions, tacking may be by possession by the purchaser, legatee or assignee, etc. so as to constitute continuity of possession, that person must be claiming through whom it is sought to be tacked, and would depend on the identity of the same property under the same right. Two distinct trespassers cannot tack their possession to constitute conferral of right by adverse possession for the prescribed period."
"The adverse possession requires all the three classic requirements to co-exist at the same time, namely, nec vi i.e. adequate in continuity, nec clam i.e. adequate in publicity and nec precario i.e. adverse to a competitor, in denial of title and his knowledge. Visible, notorious and peaceful so that if the owner does not take care to know notorious facts, knowledge is attributed to him on the basis that but for due diligence he would have known it. Adverse possession cannot be decreed on a title which is not pleaded. Animus possidendi under hostile colour of title is required."
"Adverse possession is heritable and there can be tacking of adverse possession by two or more persons as the right is transmissible one."
Privy Council in Perry v. Clissold [Perry v. Clissold, 1907 AC 73 (PC)]: (AC p. 79) said : "It cannot be disputed that a person in possession of land in the assumed character of owner and exercising peaceably the ordinary rights of ownership has a perfectly good title against all the world but the rightful owner. And if the rightful owner does not come forward and assert his title by the process of law within the period prescribed by the provisions of the Statute of Limitations applicable to the case, his right is forever extinguished, and the possessory owner acquires an absolute title.‟