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VINOD S. BHARDWAJ
Dalel – Appellant
Versus
Safed Khan – Respondent
JUDGMENT
Vinod S. Bhardwaj, J. (Oral)
The appellant-plaintiff is in regular second appeal against the judgment and decree dated 17.10.1989 passed in Civil Suit No. 135 of 27.02.1987 by Sub Judge, First Class, Palwal as well as the subsequent dismissal of the Civil Appeal No. 41 of 1989 by the Additional District Judge, Faridabad vide judgment and decree dated 10.01.1992.
2. Briefly summarized the facts of the present case are that the appellant-plaintiff instituted a suit for declaration and permanent injunction as a consequential relief claiming himself to be in possession of agricultural land bearing Khewat No. /Khatoni No. 169/188, rect. No. 42 killa No. 12/2(7-4) situated within the revenue estate of village Alimeo, Tehsil Hathin, District Faridabad. It was averred that appellant-plaintiff had assumed possession of the suit land from Kharif 1973 by force and that he had become owner by way of an adverse possession since his possession had been hostile, open, continuous, exclusive and to the knowledge of the respondent-defendants as well as their father Bhure Khan. Reliance was placed on the column No. 9 of the Jamabandi prepared in the year 1975-76, 1979-80 and 1981-82 to substan
A tenant cannot claim adverse possession against the landlord; the burden of proof lies on the tenant to demonstrate cessation of the landlord-tenant relationship.
Tenancy – Mere entry of a non-occupancy tenant is not sufficient to determine tenancy and court has to look to column of rent to determine whether tenancy existed or not.
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....
A plaintiff must establish their own ownership in a suit for title and possession, as entries in revenue records do not confer title.
Right to claim title on basis of adverse possession - Any entry made on basis of adverse possession same was to be communicated to person concerned and person claiming is required to prove that it wa....
Adverse possession requires proof of open, continuous, and hostile possession with the necessary animus, which the petitioner failed to establish.
A claim of adverse possession can be established when the possessor has openly asserted ownership for 12 years without interruption, despite initial permissive circumstances.
A claim for ownership based on adverse possession requires stringent adherence to pleading and evidentiary standards; mere long possession without clear assertions fails to establish a right.
Irrigation slips alone do not establish ownership or adverse possession; adequate evidence and lawful possession are required to substantiate claims over land.
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