X, an owner of house at Aligarh, left Aligarh in the year 1970 after appointing Y as its care taker to…
Y held possession only as a permissive caretaker with X's knowledge, so his possession was never adverse for want of hostile animus and time did not run against X; neither…
Choose your answer
X, an owner of house at Aligarh, left Aligarh in the year 1970 after appointing Y as its care taker to look after the house. Y starts living in the said house with the knowledge of X. X brings an action in the year 2005 against Y for delivery of possession of the house in question. Y takes the plea that (1) the suit is barred by time and (2) he has perfected the title by adverse possession. State whether—
Answer and explanation
Correct answer D
Y held possession only as a permissive caretaker with X's knowledge, so his possession was never adverse for want of hostile animus and time did not run against X; neither "The suit is barred by limitation" nor "Y has perfected his title by adverse possession" holds, and "None of the given pleas is sustainable".
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CUET PG Law (LL.M.)
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