Keywords:-Adverse possession-
To establish a claimA Claim A claim is “factually unsustainable” where it could be said with confidence before trial that the factual basis for the claim is entirely without substance, which can be the case if it were clear beyond question that the facts pleaded are contradicted by all the documents or other material on which it is based. of title by prescription, that is adverse possession for 12 years or more, the possession of the claimant must be physical/actual, exclusive, open, uninterrupted, notorious and hostile to the true owner for a period exceeding twelve years. It is also well settled that long and continuous possession by itself would not constitute adverse possession if it was either permissive possession or possession without animus possidendi. The pleas based on title and adverse possession are mutually inconsistent and the latter does not begin to operate until the former is renounced. Unless the person possessing the property has the requisite animus to possess the property hostile to the title of the true owner, the period for prescription will not commence.
(Vide : Periasami vs. P. Periathambi, (1995) 6 SCC 523; Md. Mohammad Ali (dead) by L.Rs. vs. Jagdish Kalita, (2004) 1 SCC 271 and P.T. Munichikkanna Reddy vs. Revamma, (2007) 6 SCC 59 [ L. N. Aswathama and another Vs P. Prakash [SC-2009]