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ANIL VERMA
BAPULAL S/o RAMLAL GURJAR – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent
| Table of Content |
|---|
| 1. ownership transfer due to migration. (Para 2 , 3 , 13 , 14) |
| 2. analysis of historical context and implications. (Para 4 , 6 , 7) |
| 3. contesting prior court decisions. (Para 5 , 8) |
| 4. requirements for establishing adverse possession. (Para 9 , 10 , 11) |
| 5. burden of proof lies on the claimant. (Para 12 , 15 , 16 , 17) |
| 6. affirmation of lower court findings. (Para 18 , 19) |
ORDER : – Heard the learned counsel for the appellant on admission.
This Second Appeal has been filed by the appellant/plaintiff under section 100 of CIVIL PROCEDURE CODE , 1908 (in short CPC) being aggrieved by the judgment and decree dated 22-12-2018 passed by the Additional District Judge, Mandsaur in RCA No. 205/2017, thereby affirming the judgment and decree dated 6-1-2017 passed by the Civil Judge Class-I, Narayangarh, District Mandsaur in Civil Suit No. 101-A/2016 filed by the appellant/plaintiff for declaration of title and permanent injunction, which has been dismissed by the trial Court.
2. Facts of the case in brief are that Iliyas Mohammad Ejaj Mohammd and Ishaq Mohammad as Khudashat and their names were registered in the revenue record as pakka tenant and landlord. On 15-8-1947, they had mi
Advocates appeared :For the Appellant : Y. P. Rathore For the Respondent : Ranjeet Sen
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....
Claim of adverse possession requires open, continuous possession with knowledge to the rightful owner. Plaintiffs failed to provide sufficient evidence, resulting in dismissal.
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....
Adverse possession claims require acknowledgment of the original owner's title; mere long-term possession without proof of acknowledgment negates the claim.
Ownership rights acquired prior to partition are valid, and the jurisdiction of Civil Courts remains intact if property is not declared evacuee property by the custodian.
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 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.
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