AI Overview...
- Adverse Possession Based on Agreement of Sale - Main points and insights:
- In cases where a party claims adverse possession, the existence of an agreement of sale does not necessarily negate adverse possession claims. For example, in Constancio Luis Caetano Rubina Lobo VS Leandrina Antao - Bombay, the defendant claimed adverse possession since 1965, despite the plaintiff's ownership and possession being established. The court examined whether the defendant's possession was adverse and continuous over the statutory period.
- The absence of explicit pleadings regarding possession by the plaintiff can weaken the plaintiff’s case, as noted in AKKIRAJU SARASWATHI, W/O. A. D. RAMA RAO VS MOHD. JAHANGIR PASHA, S/O. LATE MOHD. SHARFUDDIN - Andhra Pradesh, where the plaintiff did not mention possession in oral evidence, and the plaint lacked a plea on possession.
- Possession can be considered adverse if the defendant has acted in denial of the owner’s title for the statutory period, regardless of prior agreements like sale agreements, as discussed in MALKARI GANPAT WAGHAMARE vs TIPPANNA JETINGA GAIKWAD and ANR - Bombay.
- Agreements such as sale contracts or rights under RERA do not automatically prevent adverse possession claims; courts assess the nature of possession and acts of denial or assertion of rights.
- Key Factors and Legal Principles:
- Continuous and hostile possession for the statutory period is essential to establish adverse possession.
- The existence of an agreement for sale or other contractual arrangements does not necessarily bar adverse possession if the possession is hostile and adverse to the owner’s title.
- The possession must be open, continuous, exclusive, and adverse, as implied in Sudesh Sharma alias Shuppa VS State of Himachal Pradesh - Himachal Pradesh and Complaint No. RAJ-RERA-C-2020-3958 Mukesh Agarwal Versus SNG Real Estate Pvt. Ltd and 10 Others Connected Complaints - Real Estate Regulatory Authority.
- Analysis and Conclusion:
- Courts scrutinize the conduct of the possessor to determine whether possession was adverse, especially when contractual agreements are present.
- In cases where possession has been consistent and hostile over the statutory period, adverse possession can be established despite prior agreements or claims.
- The presence of agreements like sale contracts or RERA rights influences the assessment but does not conclusively negate adverse possession if other elements are satisfied.
- Ultimately, adverse possession based on agreement of sale hinges on the nature of possession and acts demonstrating hostility and continuous denial of the owner’s rights over the statutory period Constancio Luis Caetano Rubina Lobo VS Leandrina Antao - Bombay, AKKIRAJU SARASWATHI, W/O. A. D. RAMA RAO VS MOHD. JAHANGIR PASHA, S/O. LATE MOHD. SHARFUDDIN - Andhra Pradesh, MALKARI GANPAT WAGHAMARE vs TIPPANNA JETINGA GAIKWAD and ANR - Bombay.
References: - Constancio Luis Caetano Rubina Lobo VS Leandrina Antao - Bombay - AKKIRAJU SARASWATHI, W/O. A. D. RAMA RAO VS MOHD. JAHANGIR PASHA, S/O. LATE MOHD. SHARFUDDIN - Andhra Pradesh - Sudesh Sharma alias Shuppa VS State of Himachal Pradesh - Himachal Pradesh - MALKARI GANPAT WAGHAMARE vs TIPPANNA JETINGA GAIKWAD and ANR - Bombay - Complaint No. RAJ-RERA-C-2020-3958 Mukesh Agarwal Versus SNG Real Estate Pvt. Ltd and 10 Others Connected Complaints - Real Estate Regulatory Authority
Search Results for "Adverse Possession on Basis of Agreement of Sae"
2021 0 Supreme(Bom) 695 • India - Bombay
BHARATI H.DANGRE
ADVERSE POSSESSION - LIMITATION ACT - POSSESSION - TITLE - TRESPASS - OWNERSHIP Fact of the Case: Plaintiff filed ... Whether the plaintiff proved ownership and possession of the property? 2. Whether the defendant proved adverse possession? 3. ... The defendant denied the existence of the property and claimed adverse possession since 1965. ... , havin....
2006 0 Supreme(AP) 1247 • India - Andhra Pradesh
L. NARASIMHA REDDY
The 4th defendant entered into an agreement of sale with defendants 7 and 5, for sale of the suit schedule property and for that ... The plaintiff did not choose to say a word, about his possession, in his oral evidence. ... There is no plea in the plaint, as to possession by the plaintiff, arid interference by defendants.
2012 0 Supreme(Del) 1980 • India - Delhi
REVA KHETRAPAL
This act of the Defendant resulted in adverse consequences for the Plaintiff. ... On appeal, the Supreme Court held that it was in total agreement with the conclusion reached by the National Commission as it could ... ... (iv) Creditmanagementworld.com: Consignee – Party into whose possession goods are to be delivered.
2023 0 Supreme(Del) 185 • India - Delhi
CHANDRA DHARI SINGH
statutory requirement – Arbitration proceeding commences – Facts necessary for disposal of present petition are that an Employment Agreement ... He is the person who knows exactly where the shoe pinches, whether the arbitral award is adverse to the department's interest. ... Knowledge Planet LLC but also started using the data/information, manuals etc. pertaining to my client company which were in your possession ... A non-signatory can be ....
2014 0 Supreme(HP) 653 • India - Himachal Pradesh
SANJAY KAROL, DHARAM CHAND CHAUDHARY
and taken into possession. ... be justified in withholding that benefit because the acquittal might have an impact upon the law and order situation or create adverse ... was paid by him to PW-15, Sandeep Kumar, sufficient amount was not left with him to pay to his co-accused also in case any such agreement
• India - Income Tax Appellate Tribunal
U.B.S.BEDI, B.C.MEENA
of easy availability of financial data and non-possession of intangibles, the appellant selected itself as the tested party in order ... cases, it is and an established industry practice that the two parties evolve a mechanism to ensure that neither party suffers an adverse ... 10.4.3 The appellant has an agreement with Maruti Udyog Limited under which it is obliged to purchase the
• India - Bombay
owner and he has perfected his title by adverse ... The agreement for sale at paid to the plaintiff’s father till the agreement
• India - Real Estate Regulatory Authority
There are various rights under the agreement as well as under RERA, The agreement entered into at the time of allotment is the basis ... Therefore, we are not inclined to draw an adverse inference against the complainants on ground of the alleged delay. ... case of the respondent developer is that he isa victim of the circumstances, Because of slow down in the real estate sector and adverse
• India - Delhi High Court
This act of the Defendant resulted in adverse consequences for the Plaintiff. ... On appeal, the Supreme Court held that it was in total agreement with the conclusion reached by the when the original House Airway Bills of the Defendant had been returned and were in its possession
2023 Supreme(Online)(DEL) 361 • India - High Court of Delhi
He is the person who knows exactly where the shoe pinches, whether the arbitral award is adverse to the department's interest. ... Knowledge Planet LLC but also started using the data/information, manuals etc. pertaining to my client company which were in your possession ... A non-signatory can be bound by an arbitration agreement on the basis of the ―group of companies‖ doctrine, where the conduct of
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