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SATYEN VAIDYA
Sudarshana Katoch – Appellant
Versus
Vijay Singh – Respondent
JUDGMENT :
Satyen Vaidya, J.
By way of instant Regular Second Appeal, the appellants have assailed the judgment and decree dated 30th November, 2012 passed by learned Additional District Judge-I, Kangra at Dharamshala in Civil Appeal No. 47-I/XII/2011, whereby the judgment and decree passed by the learned Civil Judge (Junior Division), Indora, District Kangra, H.P. on 23.06.2011 in Civil Suit No. 96 of 2006 has been affirmed.
2. Original suit No. 96 of 2006 was filed by original plaintiff (respondent herein) in the Court of learned Civil Judge (Junior Division), Indora, District Kangra, H.P., against the original defendant Sh. Keshav Singh (predecessor-in-interest of appellants herein) inter-alia, seeking a decree of possession in respect of land comprised in Khata No. 114 min, Khatauni No. 520, Khasra No. 1245, measuring 0-08-26 hectares situated in Mohal and Mauja Indpur, Tehsil Indora, District Kangra, H.P.
3. Parties hereafter shall be referred by the same status as they held before the learned trial Court.
4. The plaintiff claimed himself to be co-owner of suit land. It was alleged that defendant had wrongly and forcibly occupied the suit land in December, 1996 at the back of plain
It is settled that necessary ingredients of adverse possession are required to be specifically pleaded and necessary factual foundation in support thereof is to be made out. Equally important is nece....
A claim of adverse possession can be established when the possessor has openly asserted ownership for 12 years without interruption, despite initial permissive circumstances.
(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....
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....
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....
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