Tuesday, September 21, 2021
HomeCross ExaminationCross Examination in the case of Adverse Possession

Cross Examination in the case of Adverse Possession

Facts

Arvind filed a suit for declaration to the effect that he is the owner in possession of property situated at K. Road, Anamtaug. He further alleged that his brother and siters have no connection with the same as they are abroad for the past 12 years and he has become the owner by way of adverse possession. Ankit, Ramesh and Sudha appeared and contested the claim while alleging that they never relinquished their claim over the property in favour of Arvind. They are visiting the property off and on and in this way, they sought the dismissal of claim of Arvind.

Arvind appeared in the witness box tendered his affidavit by way of evidence and re- narrated his stand as taken in the plaint.

XXX by Sh. ABC Advocate on behalf of Defendant

Q. How did the property came to your hands, is it self purchased or came to you from ancestors?

Q. in which year the property devolved on you and your brother and sister

Q. Who was previous owner of the property

Q. Who is elder amongst all the brothers and sisters

Q. when did Ankit went abroad

Q. when did he first come back

Q. for how long did he stay in the property

Q. how many times so far Ankit has retuned to the property and how long was his stay in the property

Q. who was serving him at the time when he visited the property

Q. when did Sudha leave abroad

Q. whether she was married while living in the property

Q when her marriage took place

Q. how often she visits the property

Q. who serves her when she visits the property

Q. when did Ramesh leave for abroad

Q. how often he visited the property

Q. by whom he was served at his visit to property

Q. did you ever deny them entry to the house

Q. when did you last did an overt act to oust the defendant out of the property

Q. did you ever give them notice of ouster

Q. when did you last make up your mid to oust your brothers and siter out of the property

Q. did you ever visit the house of your brothers and sister abroad

Q. is it true that articles of your brothers and sister are still lying in the reason in their occupation

Q. is it true that the rooms in occupation of defendants are locked and are opened only when the defendant arrive at the property

Q. the municipal record shows the co- ownership of all the brothers and siter in the house tax assessment register

Q. you are deposing falsely

Bare Acts

THE LIMITATION ACT, 1963

THE CODE OF CIVIL PROCEDURE, 1908

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