Summary
The Court upheld a decree for possession against defendants who failed to establish either the alleged sale documents or adverse possession. Although adverse possession had been pleaded, claiming title under an agreement and hostile possession from the same date did not establish when possession became adverse to the true owner. Ravinder Kaur Grewal did not relax the requirements of pleading and proof. The appeal was dismissed with costs, with time to vacate until 31 December 2020 subject to an undertaking.
Issues
- Whether failure to prove purchase documents established adverse possession from the alleged purchase date.
- Whether the pleadings and evidence established the commencement and necessary character of adverse possession.
Held
- Concurrent findings that the agreement, power of attorney and affidavit were unreliable, with alterations and discrepancies, warranted no interference. The asserted prohibition on registration had not been proved. (¶¶ 24, 25)
- Contrary to the High Court’s view, the written statement did contain a plea of adverse possession. That alone was insufficient: the person alleged to have acquired such title, the defendant’s wife, had not been examined and material particulars and proof of hostile possession were lacking. (¶¶ 27, 28, 35)
- Title under the alleged transaction and adverse possession could not simultaneously operate from the same date. Failure to prove the transaction did not automatically convert possession into adverse possession; the claimant had to establish when an independent hostile assertion began against the true owner. (¶¶ 29, 31, 32, 33, 34, 35, 37, 38)
- Ravinder Kaur Grewal recognised the affirmative use of a matured adverse-possession title but retained the requirements of continuity, publicity and hostility. Clear and cogent proof of possession adverse to the owner, to the owner’s knowledge, remained necessary. (¶¶ 30, 34, 35, 36, 37)
- The appeal was meritless, but longstanding occupation and the prevailing circumstances justified time to deliver vacant possession on or before 31 December 2020, conditional on the usual undertaking within four weeks. (¶¶ 39, 40)
Result
Appeal dismissed with costs. Time to hand over vacant and peaceful possession extended to 31 December 2020, subject to furnishing the usual undertaking within four weeks.