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IN THE HIGH COURT AT CALCUTTA
SUGATO MAJUMDAR
Fulmoni Barik – Appellant
Versus
Sisir Kumar Mondal – Respondent
JUDGMENT :
Sugato Majumdar, J :
1.The instant Second Appeal was filed against the appellate judgement and decree dated 30/06/2008, passed by the Learned Additional District Judge, 3rd Court, Hoogly in Title Appeal No.74 of 2004, reversing the judgment and decree of the Trial Court dated 12/03/2004.
2. The sum and substance of the plaint case was that the Plaintiffs jointly purchased a plot of land admeasuring 2 cottahs 20 sq. ft. along with structures standing thereon (suit property) on 17/02/1992 by a registered deed of conveyance. Prior to purchase, the Defendant No.1 was in occupation of the same as caretaker. On the date of execution of the deed of conveyance, the proforma Defendant No.2 cancelled the license granted to the Defendant No.1 and asked to handover the possession. On request, a fresh leave and license was granted to the Defendant No.1 by the Plaintiffs. On or about 06/10/1994 the Plaintiffs requested the Defendant No.1 to quit and vacate the suit property but they requested for extension of license for another period of six months to which the Plaintiffs agreed. Again on 21/06/1995, the Plaintiffs requested the Defendant No.1 to vacate the suit property but the Defenda
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 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....
The main legal point established in the judgment is the requirement for adverse possession, including the need for peaceful, open, and continuous possession, as well as the animus possidendi to hold ....
Adverse possession claims require acknowledgment of the original owner's title; mere long-term possession without proof of acknowledgment negates the claim.
Claim of adverse possession requires open, continuous possession with knowledge to the rightful owner. Plaintiffs failed to provide sufficient evidence, resulting in dismissal.
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