Adverse Possession Claim Rejected: Co-Owner Cannot Seek Title Over Jointly Owned Land

By Supreme Today News Desk

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02 February 2024

What happened

judgement

Subject : Property Law

Adverse Possession Claim Rejected: Co-Owner Cannot Seek Title Over Jointly Owned Land

The Madhya Pradesh High Court has dismissed a second appeal filed by plaintiffs seeking a declaration of title and permanent injunction over agricultural land, rejecting their claim of adverse possession. The plaintiffs argued that they had been in continuous and peaceful possession of the land for more than 12 years, but the court held that adverse possession cannot be sought against co-owners by the owner. The court also noted that the plaintiffs had failed to prove that they had acquired title to the land by way of adverse possession, as there was evidence of continuous litigation between the parties and that some part of the disputed land had been sold by the defendants to a third party.

Adverse possession - Co-ownership - Title - Peaceful and uninterrupted possession - Continuous litigation - Sale of disputed land

#AdversePossession #CoOwnership #PropertyRights

Case Title: Sirajuddin vs Saidani Begum