Below are 5 high-scoring CASE STUDIES where the plea of ADVERSE POSSESSION SUCCEEDS, each supported by clear Supreme Court authority.
These are rare but examiners’ favourite because candidates often wrongly reject adverse possession in all cases.
🧪 CASE STUDY 1: Open Hostile Possession with Knowledge of Owner
Facts
B forcibly entered A’s vacant land in 1990.
B constructed a house, fenced the land, paid municipal tax, and asserted ownership openly.
A lived nearby and raised no objection for 20 years.
In 2015, A filed a suit for possession.
Issue
Whether B perfected title by adverse possession?
Held
✅ Yes
Case Law
📌 Karnataka Board of Wakf v. Govt. of India
(2004) 10 SCC 779
Where possession is open, hostile, continuous, and to the knowledge of the owner for the statutory period, adverse possession is established.
Result
Suit barred by limitation.
🧪 CASE STUDY 2: Hostile Possession After Expiry of Lease
Facts
B was a lessee under A till 1995.
After lease expiry, B expressly denied A’s title, stopped paying rent, and mutated his name.
A took no steps for 15 years.
Issue
Whether tenant’s possession became adverse?
Held
✅ Yes
Case Law
📌 Saroop Singh v. Banto
(2005) 8 SCC 330
Once permissive possession is openly repudiated and the owner remains inactive, limitation begins to run.
Result
Adverse possession perfected.
🧪 CASE STUDY 3: Ouster of Co-Owner Established
Facts
A and B are co-owners.
B exclusively possessed the property, sold parts, constructed buildings, and openly denied A’s rights.
A remained silent for 30 years.
Issue
Whether ouster proved?
Held
✅ Yes
Case Law
📌 P. Lakshmi Reddy v. L. Lakshmi Reddy
AIR 1957 SC 314
Continuous hostile acts inconsistent with joint ownership constitute ouster.
Result
Adverse possession succeeds.
🧪 CASE STUDY 4: Government Land – Continuous Hostile Occupation
Facts
B occupied government land, built a permanent structure, paid property tax, and ran a shop.
Municipality issued notices but never evicted B for 35 years.
Issue
Can adverse possession lie against the State?
Held
✅ Yes (exceptional cases)
Case Law
📌 State of Haryana v. Mukesh Kumar
(2011) 10 SCC 404 (Doctrine recognised, though criticised)
Adverse possession can operate against the State if all legal requirements are satisfied.
Result
Title perfected.
🧪 CASE STUDY 5: Sale Deed Void but Possession Hostile
Facts
B purchased land from a person having no title (void sale).
B entered possession under claim of ownership, fenced land, cultivated openly.
True owner A took no action for 12+ years.
Issue
Whether void transaction can lead to adverse possession?
Held
✅ Yes
Case Law
📌 Nair Service Society v. K.C. Alexander
AIR 1968 SC 1165
Possession under colour of title, even if defective, can mature into ownership if hostile and continuous.
Result
Adverse possession established.
🏆 EXAMINER-READY CONCLUSION LINE
“Where possession is hostile from inception or becomes hostile by clear repudiation, is continuous, open, and to the knowledge of the true owner for the statutory period, the law of limitation extinguishes the owner’s title and perfects ownership by adverse possession.”
📌 JUDICIARY EXAM TIP
👉 Always mention the starting point of limitation
👉 Identify hostility + knowledge
👉 Burden lies on possessor