Adverse Possession: Landless Tribal Fails to Prove Title Over Government Land - 2024-02-02

In a recent judgment, the Madhya Pradesh High Court dismissed a second appeal filed by a landless tribal man who claimed title to government land through adverse possession.

The appellant, Ruga, had filed a civil suit for declaration of title and permanent injunction against the respondent, the government, in relation to the agricultural land bearing Survey No.493/7 area 8.582 hectares situated at village Tukoganj, Tehsil Sarangpur, District Rajgarh (Biaora).

Ruga claimed that he and his ancestors had been in possession of the suit land since 1970 and that he had acquired title to the land through adverse possession.

However, the trial court and the first appellate court both dismissed Ruga's suit, holding that he had failed to prove that his possession was adequate in continuity, publicity, and extent.

The High Court agreed with the findings of the lower courts, holding that Ruga had failed to show that he had perfected his title to the land through adverse possession.

The Court noted that Ruga had admitted in his cross-examination that the suit land was never mutated in his name and that a case was registered against him in the Tehsil Court for encroaching on the government land.

The Court also noted that the Khasra Panchshala (land records) filed by Ruga did not support his claim of adverse possession.

The Court held that the impugned judgment passed by both the courts below are well reasoned and based upon the due appreciation of oral as well as documentary evidence available on record.

The findings recorded by both the courts below are concurrent findings of facts. The appellant has failed to show that how the findings of facts recorded by both the courts below are illegal, perverse and based on no evidence.

Thus, no substantial question of law arises for consideration in the present second appeal.

The Court dismissed the second appeal at the admission stage, holding that it had no merit.