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A buyer took possession of a shop under a sale agreement and continues to claim the right to remain…

Possession maintained under the agreement recognises the seller's title. Mohan Lal v. Mirza Abdul Gaffar requires a disclaimer and proof of independent hostile possession…

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A buyer took possession of a shop under a sale agreement and continues to claim the right to remain under that agreement by part performance. The buyer never repudiated the seller's title. What does this mean for a claim to title by adverse possession based on the same period?

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Answer and explanation

Correct answer C

Possession maintained under the agreement recognises the seller's title. Mohan Lal v. Mirza Abdul Gaffar requires a disclaimer and proof of independent hostile possession before such a buyer can claim adverse possession.

Option feedback

Option A

Exclusive physical occupation does not establish hostility to the seller's title.

Option B

Part performance presupposes possession under the agreement and does not by itself make that possession adverse.

Option C

The claimant must assert independent hostile possession to the seller's knowledge and establish the required period. The facts exclude a repudiation.

Option D

The issue is the legal character of possession, rather than the shop's commercial use.

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