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ANIL KSHETARPAL
Smadh Sarbhanji – Appellant
Versus
Range Forest Officer, Seonsar – Respondent
JUDGMENT :
Anil Kshetarpal, J.
1. Factual Background:-
1.1 The plaintiff has filed this regular second appeal challenging the correctness of the judgment passed by the First Appellate Court, which in turn has reversed the judgment of the trial Court.
1.2 In the considered opinion of this Court, the following two issues require adjudication:-
ii. Whether plantation of trees on a waste/un-cultivable land is sufficient to establish animus possidendi, which is sine qua non for invoking the doctrine of adverse possession?
1.3 The plaintiff, which is a religious institution, claiming to be the owner filed a suit for possession of 19 kanal and 6 marlas land based on jamabandi for the year 1985-1986. It was claimed that defendants are threatening to cut and remove the trees standing on the land.
1.4 While contesting, the defendants asserted their possession since 1958, whereas, as per the revenue record and in year 1962-1963, the Forest Department planted Shisham and Eucalyptus trees on the land in dispute. The trial Court on the basis of the pleadings culled out the following issues:-
The State cannot claim ownership through adverse possession against citizens, as it violates constitutional property rights under Article 300A.
No Government Department should be permitted to perfect their title by way of adverse possession, and the State cannot take the plea of adverse possession to grab the property of its own citizens.
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