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ARUN BHANSALI
Sanjay Kumar Jaluka – Appellant
Versus
Jagdish Prasad Agarwal – Respondent
JUDGMENT
Arun Bhansali, J. - This appeal is directed against the judgment and decree dated 31.01.2020 passed by Additional District Judge, Churu, whereby, the appeal filed by the appellant - plaintiff against the judgment and decree dated 23.11.2016 passed by Additional Civil Judge, Churu, has been dismissed.
2. The suit was filed by the plaintiff - appellant seeking permanent injunction inter alia with the submissions that the applicant was in possession of a house situated in Ward No.43, Churu, boundries whereof, was indicated in the plaint, which was in possession of the plaintiff since 25.07.1984 from the lifetime of his father and the plaintiff was using the same without any obstruction. It was claimed that on 29.09.2012, one - Vishwanath Jaluka, Bajranglal Jaluka, Govindlal Jaluka sons of Late Babulal Jaluka & ors., transferred the property illegally to the defendants and executed a sale deed, though the same continued in possession of the plaintiff and, therefore, as since 25.07.1984 the plaintiff is in adverse possession and on account of passage of 12 years, his title has been perfected. It was indicated that the defendants on purchasing the property, called upon the plainti
Adverse possession requires a clear claim of ownership and knowledge of the true owner's rights; mere possession is insufficient.
Adverse Possession—Merely being in possession of a property for a long time, by itself cannot create adverse possession and title in favour of person in possession of a property unless he claims titl....
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 to prove continuity and publicity of possession for adverse possession claims, as well as the necessity of a registered instrument ....
Plea of ownership based on sale deed and plea of adverse possession, both are contrary to each other and plaintiffs cannot be permitted to take both pleas at the same time.
The claim of adverse possession requires proving actual, continuous, and exclusive possession, particularly regarding land with structures.
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....
Claim of adverse possession requires continuous, open, and hostile possession for a statutory period, along with intention to possess against the true owner, significantly impacting the title of the ....
The courts determined that undocumented claims to adverse possession were insufficient against documented evidence of eviction and title, emphasizing the necessity of continuous possession for claim ....
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