How can a person get relief from adverse possession in CPC?

Adverse possession is a legal doctrine under which a person may claim ownership of land under certain conditions, typically by continuously and openly possessing the property for a specific period, usually 12 years under Indian law. However, if a person wants relief from an adverse possession claim in the context of the Civil Procedure Code (CPC), they may take the following steps:

1. Filing a Suit for Declaration of Title: The person can file a civil suit under Section 34 of the Specific Relief Act, 1963, to seek a declaration of title and ownership over the property. This can be done in a court of law, which can adjudicate the dispute regarding ownership and whether the adverse possession claim holds.
2. Suit for Possession (Section 9 of CPC): Under Section 9 of the CPC, a person who is dispossessed of their land without their consent or through unlawful means may file a suit for recovery of possession. If the person is dispossessed by the adverse possessor, they can initiate a suit for the restoration of possession to remove the effects of adverse possession.
3. Dispute Over Continuous Possession: To counter an adverse possession claim, one can prove that there has been no continuous, uninterrupted possession of the property by the alleged adverse possessor for the requisite period of time. If it can be shown that the claimant did not meet the criteria for adverse possession, the court may grant relief.
4. Laches or Delay in Claiming Adverse Possession: Adverse possession claims can fail if the claimant has delayed or has not continuously possessed the land for the statutory period. Therefore, a person can argue that the requisite period for adverse possession has not been fulfilled.
5. Challenging the Evidence of Adverse Possession: In court, the individual can challenge the evidence presented by the adverse possessor, proving that the possession was not adverse or without the owner’s consent, or the period of possession did not meet the legal requirement.
6. Appeal or Revision: If a lower court has ruled in favor of the person claiming adverse possession, the party seeking relief may file an appeal or revision petition before the higher courts.

In these ways, the affected party can seek relief and protect their rights against adverse possession claims. It’s important to note that legal advice from a qualified property lawyer would be beneficial to assess the situation thoroughly and determine the most appropriate course of action.

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