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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIRINDER AGGARWAL
Jaffar alias Japhara (Since Deceased) through his LRs. Rujadar – Appellant
Versus
Rehmat (Since Deceased) through his LRs. Nashru – Respondent
JUDGMENT :
VIRINDER AGGARWAL, J.
1. Appellant-defendant No. 1 filed the present appeal against judgement and decree dated 05.05.1990 passed by learned Additional District Judge, Gurgaon vide which judgement and decree dated 05.08.1989 passed by learned Sub Judge, 1st Class, Gurgaon was set aside and suit of respondent- plaintiff for declaration and permanent injunction was decreed and the respondent-plaintiff was held to be owner in possession of the suit land and revenue entries showing the plaintiff as mortgagee instead of owner were held to be wrong and defendants were restrained from forcibly taking possession over the suit property.
2. Briefly, the respondent-plaintiff filed suit for declaration and permanent injunction claiming himself to be owner in possession of the suit land measuring 11 kanals 07 marlas situated in the revenue estate of Dundaheri, Tehsil Nuh, District Gurgaon and revenue entries showing the defendants to be owners and plaintiff as mortgagee instead of owner were claimed to be wrong on the ground that defendants No. 2 to 4 or defendant No. 5 have no right, title or interest in the suit land. Nor they have been in possession of the suit land or any part of the
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 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....
A claim of adverse possession cannot be sustained if possession stems from an agreement to sell, which legally acknowledges the owner's title.
Claim of adverse possession requires open, continuous possession with knowledge to the rightful owner. Plaintiffs failed to provide sufficient evidence, resulting in dismissal.
Permissive possession does not mature into adverse without hostile animus known to owner and proof of continuous, open denial of title for 12 years; no re-appreciation of concurrent factual findings ....
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