Back
PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
DEEPAK GUPTA
Surjit singh (since deceased) through his lrs. – Appellant
Versus
Mahinder Singh – Respondent
JUDGMENT :
Deepak Gupta, J.
1. Introduction qnc[ Background : This appeal has been filed by the plaintiff (now appellant through his LRs) of the case against the reversal of judgment, in as much as his suit for declaration regarding the property in dispute, was decreed by the learned Trial Court on 23.01.1995, but the appeal of defendants (respondents herein) was accepted by the learned Additional District Judge, Jagadhri on 10.12.1997, thereby dismissing the plaintiff's suit.
2. For clarity, the parties shall be referred to as per their status before the Trial Court. The Trial Court record, as available on the Document Management System (DMS) of this Court, has been duly perused.
3.1 Plaintiffs Casej The plaintiff instituted the present suit in March 1986, asserting ownership and possession over the suit land measuring 159 Kanai situated in village Kapuri Kalan, Tehsil Jagadhri, District Yamuna Nagar. He claimed to be in actual physical possession of the land for over 35 years, and prior to him, his forefathers were in possession. According to the plaintiff, his possession was open, continuous, and hostile to the knowledge of the entire world, thereby ripening into ownership by way of
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 tenant cannot claim adverse possession against the landlord; the burden of proof lies on the tenant to demonstrate cessation of the landlord-tenant relationship.
A claim of adverse possession can be established when the possessor has openly asserted ownership for 12 years without interruption, despite initial permissive circumstances.
Possession must be open, continuous, and adverse to establish adverse possession; failure to prove this invalidates claims of ownership.
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.
Long possession without clear evidence of hostile intent does not equate to adverse possession, and permissive possession cannot turn adverse without communication of hostility.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
