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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J.C.DOSHI
Mankiben Ukhedbhai Patel – Appellant
Versus
Legal Heirs Of Budhabhai Jivanbhai Patel – Respondent
| Table of Content |
|---|
| 1. overview of plaintiff's claims regarding ownership and possession. (Para 1 , 2 , 3) |
| 2. arguments regarding adverse possession and procedural errors. (Para 4) |
| 3. court's analysis on substantial questions of law and findings from previous cases. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 4. application of legal principles to dismiss the appeal. (Para 12) |
| 5. final dismissal of the appeal and order for lower court. (Para 13 , 14 , 15) |
ORDER :
J. C. DOSHI, J.
1. Present second appeal u/s 100 of the Code of Civil Procedure, 1908 (in short “the Code”) is filed challenging judgment and decree dated 14.7.2025 passed by the learned 4th Additional District Judge, Dharampur in Regular Civil Appeal No.86 of 2000 (Old No.35 of 2016), whereby the learned appellate Court confirmed the judgment and decree dated 25.7.2016 passed by the learned Principal Civil Judge, Dharampur in Regular Civil Suit No.28 of 2009.
2. For the sake of convenience and brevity, parties are referred to as per their original status before the learned trial Court.
3. Brief facts of the case are that the plaintiff filed suit for declaration and permanent injunction that she be declared as owner of land bearing survey No.470
Adverse possession requires clear and unequivocal evidence of continuous, open, and hostile possession against the true owner's title, validly pleaded and established.
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.
The main legal point established in the judgment is that a claim of adverse possession and ownership based on an oral gift must be substantiated with clear evidence, and the burden of proof lies with....
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....
Adverse possession claims require acknowledgment of the original owner's title; mere long-term possession without proof of acknowledgment negates the claim.
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