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SURESHWAR THAKUR, SUDEEPTI SHARMA
Raghbir Singh – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Ms. Sudeepti Sharma, J.
The petitioner (since deceased) represented through his LRs in the present writ petition has assailed the order dated 27.01.1995 (Annexure P-8) passed by the Assistant Collector Ist Grade, Pehowa, whereby the application filed by the Gram Panchayat, Sayonsar, under Section 7(2) of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter to be referred to as "the Act of 1961") was disposed of holding the respondent (the petitioner herein) in unauthorised possession since 01.04.1976 and was ordered to be evicted from the land of the Gram Panchayat with immediate effect. Against the said order dated 27.01.1995 (Annexure P-8), the respondent (the petitioner herein) preferred an appeal and the same was dismissed vide order dated 15.03.1995 (Annexure P-9) passed by the Collector, Kurukshetra, and further he filed a revision against the order dated 15.03.1995 and the said revision was also dismissed vide order dated 26.07.1995 (Annexure P-10) passed by the learned Commissioner, Ambala Division.
2. The brief facts of the present case are that Gram Panchayat, Sayonsar, filed an application under Section 7(2) of the Act of 1961 in the Court of Assist
Adverse possession requires proof of open, continuous, and hostile possession with the necessary animus, which the petitioner failed to establish.
The court affirmed that adverse possession requires continuous, open, and hostile possession for at least 12 years against individuals and 30 years against the State, with necessary documentary evide....
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.
The necessity of framing substantial questions of law in second appeals is mandated, and mere long-term possession does not equate to adverse possession without requisite proofs of hostility.
The court reiterated that for a claim of adverse possession, continuous possession over 30 years must be proven explicitly; mere long possession without asserting hostile title does not suffice.
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....
Under the relevant statute, a revenue authority is not required to stay summary eviction proceedings upon a mere assertion of title. A stay is only mandatory if the claimant provides prima facie docu....
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