Adverse Possession -- Failure to Prove Essential Ingredients -- Suit for possession and permanent injunction rightly decreed against defendants
(i) Adverse Possession -- Intention to Possess Distinguished from Intention to Dispossess -- Intention to possess cannot be substituted for intention to dispossess, which is essential to prove adverse possession. Physical fact of exclusive possession and animus possidendi to hold as owner in exclusion of the true owner are the most important factors to be accounted for in such cases. (ii) Adverse Possession -- Nature of Plea -- Plea of adverse possession is not a pure question of law but a mixed question of fact and law. (iii) Adverse Possession -- Plea Taken Against True Owner -- Plea of adverse possession is always taken against a true owner. (iv) Adverse Possession -- Failure to Prove Essential Ingredients -- Where a defendant admits title of the plaintiff and fails to plead or prove the date of entry into possession, the nature of possession, knowledge of such possession to the other side, and that possession was open and undisturbed, the onus to prove adverse possession, which lies on the defendant, stands undischarged. In such event, the only order that can be passed is a decree for vacant possession in favour of the plaintiff.
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