https://www.taxtmi.com/caselaws?id=199706 Material facts pleaded in a written statement can be examined for their legal effect even without an express label of adverse possession or easement, so long as the opposite party had notice of the case to be met. On the facts, long and open user of a wall for inserting rafters and taking structural support did not amount to hostile possession sufficient to extinguish title by adverse possession. That conduct was consistent with a prescriptive easement of support under the Easements Act. The plaintiff's title to the wall was therefore affirmed, while the defendants' easementary and prescriptive rights were preserved. en-us Mon, 19 Aug 1996 00:00:00 +0530 Fri, 09 Mar 2018 15:00:29 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=199706 Material facts pleaded in a written statement can be examined for their legal effect even without an express label of adverse possession or easement, so long as the opposite party had notice of the case to be met. On the facts, long and open user of a wall for inserting rafters and taking structural support did not amount to hostile possession sufficient to extinguish title by adverse possession. That conduct was consistent with a prescriptive easement of support under the Easements Act. The plaintiff's title to the wall was therefore affirmed, while the defendants' easementary and prescriptive rights were preserved. Case-Laws Indian Laws Mon, 19 Aug 1996 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=199706