A in 1896 makes a gift of her property to B who mortgages it to C C sues for sale on his mortgage an...........

Civil Procedure Code (CPC) 1908 Attachment and Sale of property

A in 1896 makes a gift of her property to B who mortgages it to C. C sues for sale on his mortgage and purchases the property himself in 1918. A who is still in possession sues C in August 1918 for a declaration of her title on the ground that the deed of gift was null and void. In the course of the suit, A applies for leave to amend her plaint and to plead an alternative case that even if the deed of gift is valid, C’s title is extinguished by her adverse possession for 12 years. The application is refused and the suit dismissed. A continues in possession and in August 1930, C files a suit to recover possession from A. A again pleads adverse possession.

A’s plea is a valid defence, for although she is debarred from pleading that the she had acquired a title by adverse possession in August 1918,

A’s plea is a valid defence as it is still open to her to prove that she has acquired title by adverse possession in August 1930

both (A) and (B)

None of these

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Explanation:

Let’s break this down:

- Option 1: A’s plea is a valid defense, because even if she couldn’t claim adverse possession in her first suit (in 1918), she isn’t forever barred from making that claim—she’s only barred from saying she had 12 years’ adverse possession as of 1918.

- Option 2: A’s plea is again valid, since in the 1930 suit, it’s a whole new time frame—she has now potentially completed 12 years’ adverse possession since C bought the property. The law lets her assert this new defense because it’s based on fresh facts.

- Option 3: Both (A) and (B) are correct, summing up the reasoning above.

- Option 4: This wouldn’t fit for the reasons just explained.

?? The big takeaway: Adverse possession is all about the timeline. Every new suit, you count from scratch. The earlier court decision just stops her from making the same claim as before, not from making a new claim based on a longer period.

[green tick] Option 3 — both (A) and (B) — is correct.