AI Overview...
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Suit for Declaration and Possession - Courts have dismissed such suits when plaintiffs fail to prove specific encroachment or provide a proper description of the encroached area. Mere possession without clear proof or adverse possession evidence is insufficient. For example, in Lalitkumar Jagdishkumar Grover VS New Bandra Hill Co-operative Housing Society Ltd - Bombay, the court dismissed the suit due to failure to describe the encroached portion properly and lack of proper proof of possession.
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Failure to Prove Adverse Possession - Courts have rejected claims where plaintiffs could not establish hostile or adverse possession for the statutory period. In Shri Nilconta Gangadhar Amonkar vs The Assistant District Education Inspector - Bombay, the appeal was dismissed because the plaintiffs failed to prove adverse possession, and the surveyor's inability to specify the area further weakened their claim.
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Encroachment and Ownership - Plaintiffs claiming encroachment must substantiate their exclusive ownership and possession. In cases like Vishwanath S/o Govind Rao VS Howgiappa S/o Gundayya - Karnataka and Vishwanath S/o Govind Rao VS Howgiappa S/o Gundayya - Karnataka, suits were dismissed or relief denied due to insufficient proof of ownership or adverse possession over the claimed area.
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Evidence of Possession and Encroachment - Courts scrutinize evidence such as revenue records, survey reports, and long-term possession. In Amar Prasad Aghariya S/o Maniram vs Sarang Singh Sidar S/o Late Injore Singh - Chhattisgarh, the plaintiff's long possession and revenue record entries supported the declaration of title, whereas in Asha VS Jeffrey Mathuranayagam - Madras, failure to prove possession led to rejection of relief.
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Encroachment Obstructions and Efforts to Take Possession - In cases like Chhoga Ram Mundoliya VS The State of Rajasthan - Rajasthan, courts recognize that obstruction by third parties can hinder possession, and mere obstruction does not imply encroachment by the claimant. The petitioner’s efforts to obtain possession were acknowledged, and no encroachment was proved.
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Summary - Overall, suits for declaration and possession based on encroachment require clear, specific proof of encroached area, adverse possession, and ownership. Failure to substantiate these elements often results in dismissal. Courts emphasize proper description, long-term possession, and proof of hostility to establish encroachment claims effectively.
References:
- Lalitkumar Jagdishkumar Grover VS New Bandra Hill Co-operative Housing Society Ltd - Bombay
- Shri Nilconta Gangadhar Amonkar vs The Assistant District Education Inspector - Bombay
- Vishwanath S/o Govind Rao VS Howgiappa S/o Gundayya - Karnataka
- Amar Prasad Aghariya S/o Maniram vs Sarang Singh Sidar S/o Late Injore Singh - Chhattisgarh
- Vishwanath S/o Govind Rao VS Howgiappa S/o Gundayya - Karnataka
- Asha VS Jeffrey Mathuranayagam - Madras
- Chhoga Ram Mundoliya VS The State of Rajasthan - Rajasthan
Search Results for "Suit for Declaration and Possession Unable to Prove Encroached Area"
2022 0 Supreme(Bom) 1347 • India - Bombay
N.J.JAMADAR
possession of the encroached area. ... and did not seek recovery of possession of the encroached area. ... The trial court dismissed the suit, finding that the plaintiffs failed to provide a proper description of the encroached portion ... to file a suit for declaration, possession and injunction. ... , a suit for declaration and possession, wi....
• India - Bombay High Court - Bench at Goa
N. A. BRITTO, J
The appeal arises from the dismissal of Special Civil Suit No. 31/1998/A for declaration and injunction. ... The appeal was dismissed due to plaintiffs' failure to prove adverse possession. ... evidence of hostile possession. ... The learned trial Court also held that the area in possession of the plaintiffs became more doubtful when the Surveyor stated that the area was shown to him by the plaintiffs though he was unable to give th....
2019 0 Supreme(Kar) 1588 • India - Karnataka
P.G.M.PATIL
plaintiffs have encroached upon his land to extent of acre and therefore he sought for relief of possession of encroached area from ... against defendant - Whether plaintiffs prove that they are exclusive owners in possession of suit land - Whether defendant is entitled ... to restrain defendant from encroaching in their land they sought for declaration and permanent injunction against defendant - It ... Though the Tahasildar passed order for deliver....
2025 Supreme(Online)(Chh) 7333 • India - IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Naresh Kumar Chandravanshi, J
(Paras 16-17) ... ... Facts of the case: ... The plaintiff filed a suit for declaration of title ... , justifying possession from the defendants. ... and possession of land, claiming encroachment by the defendants. ... Since the plaintiff is in possession of the suit land for last 25-30 years and his name has been recorded in the revenue records, hence, he filed civil suit for declaration of his absolute title and possession, to ....
2019 0 Supreme(Kar) 1517 • India - Karnataka
P.G.M.PATIL
and ownership of suit land - Portion of suit land - Whether plaintiffs prove that they are exclusive owners in possession suit land ... - Whether defendant is entitled for recovery of possession of an area acre from plaintiffs – Held, Judge of Trial Court after ... that plaintiffs are joint owners in possession suit land measuring of village relief of perpetual injunction was rejected - Trial ... Though the Tahasildar passed or....
2024 Supreme(Online)(MAD) 16262 • India - High Court of Madras
Hon`ble Mrs.Justice V.BHAVANI SUBBAROYAN
] Fact of the Case: A plaintiff sued for title and possession of property allegedly encroached upon by the defendant ... Property - Title and Possession - Validity of Transfer & Easement Rights - Sections [Relevant sections not specified in the text ... , who claimed adverse possession and created a shop without permission, citing previous judgments where the plaintiff was considered ... In that case, the defendant was unable to prove his case that he had been in possession#....
2018 0 Supreme(Mad) 692 • India - Madras
C.V.KARTHIKEYAN
possession of the ground floor area. ... The Court found that the Plaintiffs failed to prove their possession of the disputed rooms and that the 1st Defendant was in possession ... to seek a relief of declaration. ... He had also encroached into the common area to put up structures to suit his convenience. It was under these circumstances, the suit came to be filed for the reliefs as stated above. ... 10. ... The 1....
• India - Andhra Pradesh
NARASIMHAM
Fact of the Case: Plaintiff filed a suit for a declaration of her right to certain sites and for an alteration in the ... The defendants, including the State of Andhra Pradesh, contested the suit, arguing that the plaintiff had encroached on the sites ... The High Court held that the plaintiff had failed to prove adverse possession for the entire statutory period. ... The suit had been laid by late Kattubadi Fakirubi for a declaration of her right ....
1992 0 Supreme(Raj) 766 • India - Rajasthan
S.N.BHARGAVA
Petitioner was unable to take possession of the mining area due to obstruction by cultivators of neighboring field. ... The court found that the petitioner had made all reasonable efforts to obtain possession but was unable to do so due to the obstruction ... The court found that the petitioner had made all reasonable efforts to obtain possession but was unable to do so due to the obstruction ... He had not encroached upon any land nor had trespassed....
2010 0 Supreme(AP) 788 • India - Andhra Pradesh
L.NARASIMHA REDDY
agreement of 26 guntas land alleged to have been executed within three weeks of execution of an earlier sale deed for the entire area ... Thumb impression on the agreement of sale not proved and the delay in filing not explained – No steps taken by the appellant to prove ... a) SPECIFIC RELIEF ACT, 1963, Sections 20 and 38 - Evidence Act, 1872, Sections 45 and 114 :- Suit for specific performance of an ... So far as the suit for injunction is concerned, the 4th respondent herein has not only pleaded the manner in which s....
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