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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
S.G.CHAPALGAONKAR
Sahebrao Shrirang Kale – Appellant
Versus
Collector, District Ahmednagar – Respondent
JUDGMENT :
S. G. CHAPALGAONKAR, J.
1. Present second appeal filed by original plaintiff takes exception to the judgment and decree dated 12.8.2024 passed by the District Judge-2, Shrirampur, District Ahmednagar in R.C.A. No.2 of 2022 thereby reversing the judgment and decree dated 16.11.2021 passed by the Civil Judge S.D., Shrirampur in R.C.S. No.10 of 2015.
2. Mr. Rahul Tambe, learned advocate appearing for the appellant submit that the land survey no.20/2 admeasuring 9 acres 1 R situated at Umbargaon, Tq. Shrirampur (now block no.29) was originally owned by Bajirao Rakhma Kale and Makha Mukinda Kale. Plaintiff’s father was adjacent land holder in block no.28. Owners of land block no.29 had leased out the land to Maharashtra Sugar Mills Limited, Tilak Nagar. However, it remained uncultivated. The plaintiff’s father took over possession of 1 A 11 R portion from the land gat no.29 on 10.10.1955 and continued his open, uninterrupted and peaceful possession.
3. Block no.29 was declared as surplus land under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 (for short the said act). The State Government took possession of it from sugar mills and allotted the same in favour
To establish adverse possession, a claimant must demonstrate continuous, open, and hostile possession that explicitly denies the true owner's title, supported by clear and unequivocal evidence.
Permissive possession does not mature into adverse without hostile animus known to owner and proof of continuous, open denial of title for 12 years; no re-appreciation of concurrent factual findings ....
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 established that to claim adverse possession, the possessor must demonstrate hostile animus, peaceful, open, and continuous possession, and the abandonment of rights by the true owner. P....
A claim of adverse possession can be established when the possessor has openly asserted ownership for 12 years without interruption, despite initial permissive circumstances.
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