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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
H.P.SANDESH,
Valerian Thoras, S/O Late Gabrial Thoras – Appellant
Versus
Rosamma K.J., W/o Thomas – Respondent
| Table of Content |
|---|
| 1. plaintiffs claim ownership; defendants assert adverse possession. (Para 2) |
| 2. trial and first appellate courts find defendants proved adverse possession. (Para 3 , 4 , 5) |
| 3. appellant argues procedural errors and questions adverse possession ruling. (Para 6 , 7) |
| 4. respondents countered claims; evidence supports defendants' continuous possession. (Para 8 , 9) |
| 5. second appeal dismissed. (Para 10) |
JUDGMENT :
H.P.SANDESH, J.
1. Heard the learned counsel for the appellants and the learned counsel for the respondents.
2. This matter is listed for admission. This second appeal is filed against the concurrent finding. The plaintiffs in the original suit in O.S.No.166/2007 pleaded that the land was granted in favour of the plaintiff and also pleaded that they have dispossessed and also entitled for the relief of possession and defendant took the specific defense that from 1984 onwards they are in possession of the property with the knowledge of the plaintiffs. Hence, it amounts to an adverse possession and additional issue was also framed as whether the 2nd defendant proves that adverse possession in S.No.235/1 measuring 0.50 acres of land of plaint schedule property since from
Continuous and uninterrupted possession with knowledge of the true owner for over 12 years establishes adverse possession, barring claims of forcible dispossession when unproven.
To establish adverse possession, the claimant must specifically plead and prove a hostile assertion of ownership, disclaiming the original title from a particular date, which was not accomplished her....
The judgment emphasizes the importance of continuous possession and the lack of evidence to support adverse possession in property disputes.
The main legal point established in the judgment is that adverse possession claims must be supported by evidence and cannot contradict the findings of previous suits.
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