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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
JITENDRA JAIN
Shaikh Constructions (deleted since deceased) – Appellant
Versus
Romell Housing LLP – Respondent
| Table of Content |
|---|
| 1. summary of the case details and parties involved (Para 1 , 2 , 3 , 4) |
| 2. description of historical documentation and property details (Para 5 , 6 , 7 , 8 , 9 , 10) |
| 3. chronology of events leading to the current dispute (Para 11 , 12 , 13 , 14) |
| 4. plaintiff's claims on adverse possession (Para 15 , 16 , 17 , 18) |
| 5. examination of authenticity of contested documents (Para 19 , 20 , 21 , 22 , 23) |
| 6. arguments against the defendant's claims (Para 24 , 25 , 26 , 27) |
| 7. issues regarding possession and proper procedure (Para 28 , 29 , 30 , 31) |
| 8. deconstructing the legality of property transactions (Para 32 , 33 , 34 , 35) |
| 9. issues of fraud and false representation (Para 36 , 37 , 38 , 39) |
| 10. court's observations regarding forgery and legal follow-ups (Para 40 , 41 , 42) |
| 11. final analysis of potential fraud and decision procedural issues (Para 43 , 44 , 45 , 46) |
JUDGMENT :
Jitendra Jain, J.
1.At the outset, learned counsel for all the parties state that the facts in all the three interim applications in three different suits are similar and therefore, lead matter be taken as Interim Application No.1767 of 2020 in Suit No.367 of 2023. Therefore, for the purpose of adjudication of
A claim of adverse possession must be supported by clear pleadings and evidence showing continuous and hostile possession, known to the true owner, for the statutory period.
Point of Law : It is trite that court while considering an application under Order VII Rule 11 CPC is required to consider contents of plaint and documents relied upon by plaintiff whereas defence di....
A claim for adverse possession must plead essential facts including the true owner's identity and hostile possession; mere possession lacks sufficiency for title. Claims must also meet limitation req....
The judgment emphasizes the legal principles of adverse possession, including the requirements of open, clear, continuous, and hostile possession, burden of proof, and the need for a substantial ques....
A claim of adverse possession can be established when the possessor has openly asserted ownership for 12 years without interruption, despite initial permissive circumstances.
Claim of adverse possession requires open, continuous possession with knowledge to the rightful owner. Plaintiffs failed to provide sufficient evidence, resulting in dismissal.
The essential ingredients for adverse possession must be pleaded clearly, and long possession alone is not sufficient to establish adverse possession.
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