1987 Supreme(AP) 698

Andhra Pradesh High Court
Judges : P.A.CHOUDHARY
Shivlingappa - Appellant
Versus
State of A.P. - Respondent
W.P.No. 8941/83
Decided On : 11-30-87
Advocates Appeared :
Mr. Y. Sivarama Sastry

Headnote:APLAND ENCROACHMENT ACT, 1905, Sees6, 1 and 10-Where there is no bonafide dispute as to occupation, provisions of the Act are applicable

       HELD : If there is a bonafide dispute between the parties, about the nature of the occupation, then such a dispute lake the matter out of the provisions of the Act Then the summary proceedings provided by the Act being wholly inadequate to decide the title of the parties should not be allowed to be put into operation Long occupation which is not ripened into adverse possession cannot be a ground to refuse enforcement Time is not in those circumstances capable of creating a bonafide dispute or title

       In this case, the claim of the petitioner to be not an unauthorised occupation is not made out Therefore, it will not be justifiable for the High Court to conclude that the petitioner has raised a bonafide claim about the possession

       WP Dismissed