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J. B. PARDIWALA, R. MAHADEVAN
Kishundeo Rout – Appellant
Versus
Govind Rao – Respondent
| Table of Content |
|---|
| 1. pleading structure and claims (Para 2 , 3 , 4 , 5) |
| 2. issues framed by the high court (Para 10 , 11) |
| 3. nature of adverse possession claims (Para 19 , 20 , 24) |
| 4. adverse possession must be properly pleaded (Para 29 , 30) |
ORDER :
1. Delay condoned.
2. This petition arises from the judgment and order passed by the High Court of Jharkhand dated 28.02.2025 in Second Appeal No. 151 of 2022 by which the Second Appeal filed by the respondents herein (original defendants) came to be allowed thereby set asiding the judgment and order passed by the First Appellate Court, i.e., District Judge II, Deoghar in Civil Appeal No. 64 of 2018 preferred by the petitioners herein (original plaintiffs) against the judgment and decree passed by the Civil Judge (Sr Div) IV, Deoghar in Title Suit No. 35 of 1999 dated 18.08.2018.
3. For the sake of convenience, the petitioners shall hereinafter be referred to as the plaintiffs and the respondents herein shall hereinafter be referred to as the defendants.
4. The plaintiffs instituted Title Suit No. 35 of 1999 in the Court of the Civil Judge, Deoghar and prayed for the following reliefs:
“That under the above facts and circumstances the plaintiff p
(1) Adverse Possession – Plea of adverse possession is not always a legal plea – It is always based on facts which must be asserted and proved.(2) Foundation for plea of adverse possession must be la....
A plaintiff can maintain a suit for declaration of title based on adverse possession, contrary to the High Court's ruling.
Plea of ownership based on sale deed and plea of adverse possession, both are contrary to each other and plaintiffs cannot be permitted to take both pleas at the same time.
The judgment emphasizes the legal principles of adverse possession, including the requirements of open, clear, continuous, and hostile possession, burden of proof, and the need for a substantial ques....
Claim of adverse possession requires open, continuous possession with knowledge to the rightful owner. Plaintiffs failed to provide sufficient evidence, resulting in dismissal.
Amendments to pleadings under Order VI Rule 17 of CPC allow for alternate defenses like adverse possession, provided they are substantiated in pleadings; courts should be liberal in permitting such a....
Adverse possession cannot be claimed by a permissive occupant without admitting the true owner's title.
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