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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
ROMESH VERMA
Prem Singh @ Durga Dass – Appellant
Versus
Chaman Lal – Respondent
JUDGMENT :
Romesh Verma, J.
The present regular second appeal arises out of judgment and decree as passed by the learned Additional District Judge, Sarkaghat, District Mandi, H.P. dated 6th November, 2024, whereby the appeal preferred by the present appellant has been ordered to be dismissed and the judgment and decree as passed by learned Civil Judge, Court No.2, Sarkaghat, District Mandi, H.P. dated 22nd June, 2022 has been affirmed.
2. Brief facts of the case are that the plaintiff/respondent Chaman Lal filed a suit for possession against the defendant/appellant in the Court of learned Civil Judge, Court No.2, Sarkaghat, District Mandi, H.P. on 19.01.2013. It was stated in the plaint that the suit land comprised in Khata/Khatauni No.53/60, containing Khasra No.897/118, land measuring 00-00- 68 Hectares, situated in village Balhra illaqua Hatli Sub Tehsil Baldwara, District Mandi, H.P. is exclusively owned and possessed by the plaintiff. It was stated that the plaintiff and his brother jointly constructed the house over the suit land in 1992-1993. Further, it has been averred that the plaintiff and his brother, namely, Jagtar Singh gave the house situated over the suit land to the d
Permissive possession does not mature into adverse without hostile animus known to owner and proof of continuous, open denial of title for 12 years; no re-appreciation of concurrent factual findings ....
Title and adverse possession claims mutually inconsistent; adverse possession requires proof of specific hostile, open, continuous possession known to owner. No interference with concurrent factual f....
A claim of adverse possession cannot be sustained if possession stems from an agreement to sell, which legally acknowledges the owner's title.
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.
Possession claims must be substantiated with evidence; the mere existence of an old agreement without action does not support a claim for possession after significant delay.
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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