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C. HARI SHANKAR
Sohan Lal – Appellant
Versus
Sohan Lal Passi – Respondent
1. Both these appeals arise out of order dated 1st October, 2018, passed by the learned Additional District Judge ("the learned ADJ") in M.C.A. No. MCA/DJ/17/17 (Sohan Lal Passi v. Roop Ram).
2. This case is a classic example of the malaise to which the Supreme Court, with dismay, alludes in the following passages from its judgment in Rahul S. Shah v. Jinendra Kumar Gandhi, (2021)6 SCC 418:
"22. These appeals portray the troubles of the decree-holder in not being able to enjoy the fruits of litigation on account of inordinate delay caused during the process of execution of decree.
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23. This Court has repeatedly observed that remedies provided for preventing injustice are actually being misused to cause injustice, by preventing a timely implementation of orders and execution of decrees. This was discussed even in the year 1872 by the Privy Council in General Manager of the Raj Durbhunga v. Coomar Ramaput Sing, 1872 SCC OnLine PC 16: (1871-72)14 Moo IA 605, which observed that the actual difficulties of a litigant in India begin when he has obtained a decree. This Court made a similar observation in Shub Karan Bubna v. Sita Saran Bubna, (2009)9 SCC 689: (2009)3 SC
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 ....
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 is that adverse possession requires open and hostile assertion of ownership, and mere long possession is insufficient to sustain a claim. Additionally, the importance....
Claim of adverse possession requires open, continuous possession with knowledge to the rightful owner. Plaintiffs failed to provide sufficient evidence, resulting in dismissal.
A fresh suit for recovery of possession based on title after a partition decree is barred by Section 47 CPC; delivery is part of execution; adverse possession cannot defeat a decree holder where co-o....
To claim adverse possession, one must establish continuous, open, and hostile possession for the statutory period, acknowledging the title of the true owner.
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