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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
NARENDRA KUMAR VYAS
Tika Bai, (Dead), Through Lrs.- Smt. Rajni Parita, W/o. Suresh Kumar Parita – Appellant
Versus
Govindram, (Dead), Through Lrs. – Respondent
JUDGMENT :
NARENDRA KUMAR VYAS, J.
1. The appellants/plaintiffs have filed this second appeal under Section 100 of Civil Procedure Code against the judgment and decree dated 22.03.2002 passed by the learned Second Additional District Judge, Jagdalpur (C.G.) in Civil Appeal No. 68-A/2002 by which first appellate Court has dismissed the appeal against the judgment and decree dated 11.01.2000 passed by the learned First Civil Judge, Class-II, Bastar at Jagdalpur in Civil Suit No. 17-A/1993 by which the suit filed by the plaintiffs has been dismissed.
2. The parties have been described as per their description before the trial Court in Civil Suit No. 17-A/1993.
3. The second appeal has been admitted by this Court on 13.09.2018 on the following substantial questions of law:-
“1. Whether the trial Court is justified in holding that the defendants have perfected their title by adverse possession in the suit for ejectment filed by the appellants/plaintiffs?
2. Whether the First Appellate Court is justified in dismissing the suit after having held that plaintiffs are the owner of the suit land by recording a perverse finding and affirming the judgment and decree of the trial Court?”
4. Brief facts
Adverse possession claims require acknowledgment of the original owner's title; mere long-term possession without proof of acknowledgment negates the claim.
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....
Claim of adverse possession requires open, continuous possession with knowledge to the rightful owner. Plaintiffs failed to provide sufficient evidence, resulting in dismissal.
Adverse possession requires clear and unequivocal evidence of continuous, open, and hostile possession against the true owner's title, validly pleaded and established.
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 ....
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