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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY KUMAR DWIVEDI
Central Coalfields Limited – Appellant
Versus
Most. Rijhani Devi W/o Late Suresh Mahto – Respondent
JUDGMENT :
ANUBHA RAWAT CHOUDHARY, J.
Heard the learned counsel appearing on behalf of the parties.
2. Submission of behalf of the appellants.
3. Learned counsel for the appellants while referring to the substantial question no. 2 has submitted that neither the learned Trial Court nor the Appellate Court framed specific issue in connection with adverse possession, although the plaintiffs /his predecessor in interest have been in possession of the property since 1932 and as per the records of right the possession of the predecessor in interest of the plaintiffs was recorded as forceful possession in the remarks column i.e. shown as Gusban Kabja i.e. forceful possession of one Murat Sahu since three years before the final publication in the records of right in 1935 and the nature of the property was recorded as Sarna. The learned counsel submits that the property was never used for the purposes of Sarna and therefore the nature of the property was recorded as its nature stood at that point of time and therefore the nature of property with passage of time changed, as the same was in possession of the plaintiffs/their predecessor in interest.
4. Learned counsel for the appellants has relied
Adverse possession can be claimed simultaneously with title, but the nature of land and public use must be critically examined.
To establish adverse possession, a claimant must demonstrate continuous, open, and hostile possession that explicitly denies the true owner's title, supported by clear and unequivocal evidence.
Adverse Possession – Mere possession over a property for a long period of time does not grant right of adverse possession on its own – Surmises, conjectures and approximations cannot serve basis for ....
A claim of adverse possession can be established when the possessor has openly asserted ownership for 12 years without interruption, despite initial permissive circumstances.
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 for adverse possession, including the need for peaceful, open, and continuous possession, as well as the animus possidendi to hold ....
Title claims and adverse possession are contradictory; plaintiffs must establish the timeline of possession with clear and consistent evidence to prevail in claims of adverse possession.
Adverse possession must be established with clear evidence of hostile and continuous possession; mere long-term possession is insufficient to confer ownership rights.
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