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A. P. THAKER
Babulal Hathiram Raval – Appellant
Versus
Barot Girdharlal Jethalal – Respondent
JUDGMENT :
A.P. Thaker, J.
1. This First Appeal and Cross-Objection are arising from judgment and decree passed by learned Civil Judge, S.D. Himmatnagar dated 30.1.1982 in Special Civil Suit No. 17 of 1975. The First Appeal has been preferred by the original defendant, whereas cross-objection has been preferred by the original plaintiff.
2. By judgment and decree dated 30.1.1982, trial Court has partly allowed the suit of the plaintiff and restrained defendants and his agents and servants by way of permanent injunction from making any construction upon the land admeasuring 26 ft. (N-E) x 33 ft. (E-W) situated at Khedbrahma and bounded as shown in Para-5 of the plaint. At the same time, the defendants were restrained from disturbing the plaintiff from his use and occupation of the suit land except the land admeasuring about 83 ft. (E-W) x 9 ft. (N-S) as indicated by letter “A” mentioned in paragraph 51 as well as land admeasuring about 15 ft. (E-W) x 18 ft. (N-S) as indicated by letter “B” in paragraph 13 of his written statement, which are in actual possession of the defendant.
3. The defendant by way of First Appeal has submitted that the trial Court has committed an error of facts an
(1) Recovery of possession – Limitation – Suit based on title where plea of adverse possession had not been raised could not be barred by limitation on ground that it was filed after more than 12 yea....
Claim of adverse possession requires open, continuous possession with knowledge to the rightful owner. Plaintiffs failed to provide sufficient evidence, resulting in dismissal.
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 plaintiff not in possession must seek recovery of possession to maintain a suit for injunction; failure renders the suit non-maintainable.
The main legal point established in the judgment is that convincing evidence is required to establish settled possession through adverse possession, and mere inferential circumstances are not suffici....
A claim of adverse possession cannot be sustained if possession stems from an agreement to sell, which legally acknowledges the owner's title.
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....
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