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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
DEEPAK GUPTA
Gurpreet Singh – Appellant
Versus
Nagar Council, Sunam – Respondent
JUDGMENT :
DEEPAK GUPTA, J.
The present Regular Second Appeal has been preferred by the plaintiffs, assailing the concurrent findings recorded by both the Courts below, in as much as, the suit filed by the plaintiffs for declaration, along with consequential relief of permanent injunction in respect of the suit property, came to be dismissed by the learned trial Court vide judgment & decree dated 20.03.2002. The appeal preferred by the plaintiffs-appellants was also dismissed by the learned first Appellate Court vide judgment & decree dated 18.10.2002, thereby affirming the findings of the trial Court.
2. The record of the trial Court has been received and carefully perused with the assistance of learned counsel for the parties. Translated copies of the relevant documents have also been placed on record for proper appreciation.
3. For the sake of convenience and to avoid any confusion, the parties shall hereinafter be referred to as per their original status before the trial Court.
4. The subject matter of the dispute pertains to land measuring 41 Kanal 3 Marla, situated in the revenue estate of Sunam, fully detailed in the headnote of the plaint.
5.1 Plaintiff’s Case : As per the case s
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 can be established when the possessor has openly asserted ownership for 12 years without interruption, despite initial permissive circumstances.
Claim of adverse possession requires open, continuous possession with knowledge to the rightful owner. Plaintiffs failed to provide sufficient evidence, resulting in dismissal.
The court affirmed that the state can claim adverse possession, emphasizing the necessity for plaintiffs to prove their title and possession to succeed in such suits.
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....
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