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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
GAURI GODSE, J
Anjanabai Rajaram Gore – Appellant
Versus
Manjulabai Baban Gaikwad – Respondent
| Table of Content |
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| 1. ownership transferred to the plaintiff upon the death of her husband. (Para 2 , 3 , 28) |
| 2. defendant's claim of adverse possession inconsistent with her ownership claim. (Para 10 , 11 , 12) |
| 3. essentials for proving adverse possession and the start of its limitation. (Para 21 , 22 , 29) |
| 4. the suit for recovery was well within limitation based on established title. (Para 30 , 31 , 32) |
JUDGMENT :
Gauri Godse, J.
BASIC FACTS:
1. This appeal is preferred by the original defendant to challenge the concurrent judgments and decrees directing the defendant to deliver possession of the suit land. The decree also directs payment of mesne profits to the plaintiff. The suit is filed for possession on the ground that the plaintiff is the owner of the suit property and the defendant is occupying the same unauthorizedly. The second appeal is admitted vide order dated 22nd April 1994 on the question of law framed in ground no.10, which reads as under:
“10. Now, it is well – settled law that if the plea of adverse possession is raised and if the defendant proves that the defendant is in possession for more than 12 years, whether the defendant establishes or fails to establish the plea o
Possession must be open, continuous, and adverse to establish adverse possession; failure to prove this invalidates claims of ownership.
Adverse possession requires clear evidence of hostile intent and exclusive possession, which was not established in this case; mere possession or entries in revenue records do not suffice to claim ad....
In property disputes, once a plaintiff proves title, the burden shifts to the defendant to establish adverse possession; failure to do so results in the plaintiff's claim being upheld.
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....
Adverse possession requires the defendant to prove continuous, open, and hostile possession for the statutory period, which was not established in this case.
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