Longa possessio parit jus possidendi et tollit actionem vero domino

Longa possessio parit jus possidendi et tollit actionem vero domino

Literal Meaning

Long possession produces the right of possession and takes away from the true owner his action.

Explanation

Long possession ripens into the right to possession and deprives the true owner of his right of action. In simple terms this maxim means that long term possession increases the right of possession over the property and the true owner loses his right in comparison to the right of possessor.

Origin

Latin

Case References

State of U.P. v. Daiya Charitable Society2015 SCC OnLine All 7523

In the judgement of this case Allahabad High Court mentioned that Longa possessio parit jus possidendi, et tollit actionem vero domino which means Long possession creates the right of possession and deprives the true owner of his right of action.

Sukh Lal And Others vs Ashok Kumar Raghuwansi,2012 SCC OnLine All 3801

In the judgement of this case Allahabad High Court mentioned about the maxim Longa possessio parit jus possidendi, et tollit actionem vero domino and about its meaning i.e., Long possession creates the right of possession, and deprives the true owner of his right of action. Aliud est possidere, aliud esse in possessione. It is one thing to possess; it is another to be in possession.

Ramesh Chander Gupta v. Kanta Gupta,2015 SCC OnLine Del 7514

In this case court held that it is well settled that the possession of one co-owner is considered in law as possession of all co-owners. The possession of a co-owner is presumed to be on the basis of joint title. Long and continuous possession by itself would not constitute adverse possession. In order to constitute adverse possession, it is not enough to show that one of them is in sole possession and enjoyment of the properties. The co-owner out of possession must be proved to have had notice of assertion of hostile possession ousting him..

Edited by Sree Ramya

Approved & Published – Sakshi Raje

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I am Shivani Rani from Faculty of Law, Aligarh Muslim University,Aligarh pursuing BALLB(Hons.). Criminal law and personal laws of country attracts me the most. I like to read books mostly based on fictin and also like to watch suspense & thriller movies as well as crime thriller web series, in free time. I love to take part in moot court competitions as well as research study work. I am enthusiastic about exploring new places and listening music. I am kind of ambivert person i.e., not so introvert and not so extrovert.