Adverse possession.
A case for adverse possession cannot be established by oral testimony alone.
Adverse possession can not be claimed through compromise or through mere admission.
Without documentary evidence adverse possession cannot be claimed.
A suit for adverse possession could not have been decreed on the basis of either a compromise or an admission because for a claim of adverse possession to succeed the plaintiff has to clearly establish open hostile possession for the statutory period.
No documentary evidence in support of the plaint case was ever brought on record and the only evidence that was filed so the oral testimony of the petitioner and her karinda.
A case for adverse possession cannot be established by oral testimony alone.
Manoj Kumar and Ors.
Vs.
Respondent: Mahendra Prasad and Ors.
MANU/UP/2571/2020