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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
| Table of Content |
|---|
| 1. ownership dispute regarding land possession. (Para 1 , 2 , 3 , 4 , 6) |
| 2. arguments on adverse possession claims. (Para 11 , 12) |
| 3. analysis of adverse possession requirements. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 4. conclusion restoring lower court's decision. (Para 21 , 22) |
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 r
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....
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