Amalgamated Fuels Limited vs Abdul Kader Mallick And Anr on 25 July, 2025

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the Defendant no. 1 requested the Plaintiff to allow him to occupy the flat

till death as a tenant on payment of monthly rent. Various correspondences between

the parties including the letter dated 15/11/2019 are annexed to the Affidavit-in-

Reply to substantiate the content that the Plaintiff asked the Defendants to vacate the

suit premises.

The Learned Counsel for the Plaintiff argued that although the plea of adverse

possession is there in the written statement, particulars required to establish adverse

possession are missing. Referring to Hemaji Waghaji Jat Vs. Bhikhabhai

Khengarbhai Harijan & Ors. [(2009) 16 SCC 517], Karnataka Board of

Wakf Vs. Government of India & Ors. [(2004) 10 SCC 779] that the

decisions of Supreme Court of India, Learned Counsel argued that particulars should

be furnished to substantiate the claim of adverse possession.



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