Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
GAURI GODSE, J
Anjanabai Rajaram Gore – Appellant
Versus
Manjulabai Baban Gaikwad – Respondent
| Table of Content |
|---|
| 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 :
BASIC FACTS:
“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 of adverse possession, it cannot save the starting point and ending point, so far as the limitation is concerned. A.I.R.1963 Mysore 1 is the first and the leading case and the principles laid down therein are not even considered.”
2. The suit property is a landed property originally owned by one Baban Gaikwad, i.e. husband of the respondent (plaintiff). Baban Gaikwad died issueless on 13th January 1971, and all his properties, including the suit property, devolved upon the plaintiff. At the relevant time, the plaintiff was a minor ag
Possession must be open, continuous, and adverse to establish adverse possession; failure to prove this invalidates claims of ownership.
The main legal point established is the stringent requirements for establishing adverse possession, including the need for hostile possession, open and continuous possession, and the burden of proof ....
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.
A claim of adverse possession can be established when the possessor has openly asserted ownership for 12 years without interruption, despite initial permissive circumstances.
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.
It is settled that necessary ingredients of adverse possession are required to be specifically pleaded and necessary factual foundation in support thereof is to be made out. Equally important is nece....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
