TPA-Sec 53 A, adverse possession Mohan Lal (deceased) through his L.Rs. Kachru and others v. Mira Abdul Gaffar and another, AIR 1996 SC 910 the defendant had raised two pleas in his defence. One that having remained in possession from March 8, 1956 he had perfected his title by prescription. Secondly he pleaded that he was entitled to retain is possession by operation of Section 53-A of the Transfer of Property Act, 1882. it was held. "As regard the first plea it is inconsistent with the second plea. Having come into possession under the agreement he must disclaim hi right thereunder and plead and prove assertion of his independent hostile adverse possession to the knowledge of the transferor or his successor in title or interest and that he latter had acquiesced to his illegal possession during the entire period of 12 years. i.e. upto completing the period of his title by prescription nec vi nec precario. Since the appellants claim is founded on Section 53-A. It goes without saying that he admits by implication that he came into possession of the land lawfully under the agreement and continued to remain in possession till date of the suit. Thereby the plea of adverse possession is not available to the appellant.”