S.RAJENDRA BABU, G.P.MATHUR
Karnataka Board Of Wakf – Appellant
Versus
Government Of India – Respondent
Based on the provided legal document, the key points are as follows:
The primary issue concerns the ownership and possession of certain properties, specifically whether they are government properties, Wakf properties, or otherwise. The evidence indicates that the properties are under the ownership and continuous possession of the government, and there is no concrete evidence to establish that they are Wakf properties or owned by the appellants (!) .
The entry in the Register of Ancient Protected Monuments and the deposition of a government official confirming government possession and management of the properties serve as substantial proof of government ownership and custodianship (!) .
The claim that the properties were acquired by the appellants through historical claims or by virtue of notifications declaring them Wakf properties is not substantiated by admissible evidence. The alleged historical possession by a religious figure does not suffice to establish legal ownership (!) (!) .
The plea of adverse possession by the respondents is not sustainable because the elements necessary to establish adverse possession—such as hostile, open, peaceful, and continuous possession—are not proved. The respondents' possession was not shown to be hostile or adverse to the true owner, and their claim was not supported by specific pleadings or evidence of hostile intent (!) (!) .
The legal principle that ownership is not affected by non-use over a long period is acknowledged; however, adverse possession requires clear and continuous hostile assertion of rights, which is absent in this case (!) .
The court emphasizes that claims based on historical or border-line facts are insufficient for establishing ownership or adverse possession. Only admissible evidence and records can substantiate such claims (!) .
The courts have consistently held that the burden is on the claimant to prove their title and adverse possession with clear, continuous, and hostile possession, which was not satisfied here. Therefore, the appeals are dismissed, confirming the government's ownership and rejecting the adverse possession claim (!) (!) .
The procedural aspects, including the opportunity to produce additional evidence and the proper application of relevant statutes, were duly considered, and the courts found no grounds to alter the findings of the lower courts (!) (!) .
These points summarize the court's reasoning and conclusions regarding ownership, possession, and the inadmissibility of adverse possession claims in this context.
JUDGMENT
Rajendra Babu, J.-Three suits were filed by the first respondent in each of these cases seeking for a declaration that notifications issued by the Karnataka Board of Wakf, i.e., the appellant before us, showing some of the defendants to be illegal and void or in the alternative, to declare the first respondent as owner of the suit properties on the ground that they have perfected their title by adverse possession and consequential relief for permanent injunction. There are three sets of properties in each of these three matters. One is CTS No. 24 of Ward No. VI, described as "Karimuddin s Mosque", another is CTS No. 36 of Ward No. VI, described as "Macca Masjid" and the other is CTS No. 35 of Ward No VI, described as "Water Tower". All of them were situated at Bijapur.
2. The claim made by the first respondent is that they acquired the suit property under the Ancient Monuments Preservation Act, 1904 (Ancient Monuments Act) and a notification has been published in that regard and the suit property had been entered in the Register of Ancient Protected Monuments incharge of the Executive Engineer. Thereafter, the Government of India enacted the Ancient Monuments And Archaeologi
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