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It is a settled law that by pleading adverse possession, a party seeks to defeat the rights of the true owner, and therefore, there is no equity in his favour. After all, the plea is based on continuous wrongful possession for a period of more than 12 years. Therefore, the facts constituting the ingredients of adverse possession must be pleaded and proved by the plaintiff.
A person who sets up a plea of adverse possession must establish both possession which is peaceful, open and continuous possession .
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Негізгі бет Landmark Supreme Court Judgement on Property Law/Civil Dispute l Adverse Possession
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