Ravinder Kaur Grewal v. Manjit Kaur [(2019) 8 SCC 729]
Adverse possession requires all the three classic requirements to co-exist at the same timeΒ
60. 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. Trespasser’s long possession is not synonymous with adverse
possession. Trespasser’s possession is construed to be on behalf of the owner,
the casual user does not constitute adverse possession. The owner can take
possession from a trespasser at any point in time. Possessor looks after the
property, protects it and in case of agricultural property by and large the
concept is that actual tiller should own the land who works by dint of his hard
labour and makes the land cultivable. The legislature in various States confers
rights based on possession.