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C. T. RAVIKUMAR, SANJAY KUMAR
Neelam Gupta – Appellant
Versus
Rajendra Kumar Gupta – Respondent
Key Points: - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!)
JUDGMENT
C.T. RAVIKUMAR, J.
1. The legal representatives of original defendant No.1 viz., appellant Nos. 1 to 3 herein and original defendant No. 2 in Civil Suit No.195A/95, are in appeal against the judgment dated 11.07.2014 passed by the High Court of Chhattisgarh at Bilaspur in Second Appeal No.401/2003, reversing the concurrent judgments of the Courts below and the consequently, drawn decree dated 25.07.2014.
2. The facts, in succinct, that led to the impugned judgment and decree are as follows:-
(1) Pleadings – Evidence can be permitted to be given only on a plea properly raised and not in contradiction of plea.(2) Adverse Possession – Once plaintiff proves his title over suit property it i....
Adverse possession requires the defendant to prove continuous, open, and hostile possession for the statutory period, which was not established in this case.
The court confirmed that adverse possession can secure title even against invalid transfer documents, provided uninterrupted possession exceeds 12 years and is public, emphasizing the significance of....
The judgment establishes that long-standing entries in revenue records create a presumption of title, and that adverse possession can be established through continuous, open, and hostile possession, ....
A claim of adverse possession cannot be sustained if possession stems from an agreement to sell, which legally acknowledges the owner's title.
Title and adverse possession claims mutually inconsistent; adverse possession requires proof of specific hostile, open, continuous possession known to owner. No interference with concurrent factual f....
The court held that the plaintiffs proved ownership through valid Sale Deed; defendants failed to substantiate adverse possession claims due to contradictions in evidence.
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