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IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
G.S. AHLUWALIA, Bhav Singh
Puran Singh – Appellant
Versus
Bhav Singh – Respondent
| Table of Content |
|---|
| 1. second appeal under c.p.c. based on substantial question of law. (Para 1 , 2 , 3) |
| 2. background of the property dispute and claims of ownership. (Para 4 , 5 , 6) |
| 3. arguments regarding the validity of the sale-deed and possession. (Para 8 , 9) |
| 4. legal standards governing adverse possession. (Para 11 , 12 , 13 , 14 , 15 , 16) |
| 5. court's determination on adverse possession and title. (Para 17 , 18) |
| 6. final decision to set aside previous judgments and grant possession. (Para 19 , 20 , 21 , 22 , 23) |
ORDER :
1. This second appeal under Section 100 of C.P.C. has been filed against the judgment and decree dated 28/11/2001 passed by II Additional District Judge, Vidisha in Civil Appeal No.29-A/2000 arising out of judgment and decree dated 03/07/2000 passed by II Civil Judge Class II, Vidisha in Civil Suit No.233-A/1997.
2. The appellant is the plaintiff, who has lost his case from both the Courts below.
3. This second appeal was admitted on the following substantial question of law:-
"Whether defendant's possession based on title through unregistered sale-deed, was permissive and the Courts below erred in law in holding it adverse possession and if so, if the judgment and decr
An unregistered sale-deed does not transfer title and cannot support a claim of adverse possession; possession must be open and hostile to the true owner's title.
The claim of title and plea of adverse possession cannot coexist. An unregistered sale deed cannot be looked into for collateral purposes.
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.
(1) Adverse Possession – Plea of adverse possession is not always a legal plea – It is always based on facts which must be asserted and proved.(2) Foundation for plea of adverse possession must be la....
Possession under an agreement to sell does not constitute adverse possession.
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