Legal Question in Real Estate Law in India
Pleas
Can pleas that the plaintiff is not the owner & that the defendant is the owner by way of adverse possession b taken in ws in the same suit. whether self-contradictary pleas can b taken or allowed 2 b taken by the court?
3 Answers from Attorneys
Re: Pleas
yes,
it is not contradictory
the plaintiff will not be owner ONLY when defendent claims to bethe owner
in any case, the defendant can deny plaintiff's ownership; and CLAIM his own ownership by adverse possession by claiming that he had ousted the real owner on so and so date (prior to 12 years) by declaring himself the owner. for more guidance/details, write me full facts of your case.
Re: Pleas
Contradictory pleas are not prohibited. However, such plea are likely to weaken the case.
Re: Pleas
no self contrary pleas cannnot be taken and/or allowed by the court of law. yes dense of adverse possession can be raised in the w.s.
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