Adverse Possession Cannot Be Claimed When Land Is Acquired Through Agreement Of Sale: Allahabad High Court
Live LawWhile deciding a case under the U.P. Abolition of Zamindari and Land Reforms Act, 1950, the Allahabad High Court has held that where possession of land was acquired by an agreement of sale, adverse possession cannot not be availed to claim ownership of the property. The Court considered Sections 209 and 210 of the Uttar Pradesh Zamindari and Land Reforms Act, 1950, and held that a suit could not be maintained under Section 209 of Act if the possession of the land in dispute was attained by consent of the vendor. “A plain reading of Section 209 of Act, 1950 pre-supposes that possession was without consent of Bhumidhar, Sirdar or Asami or the Gram Sabha and if possession of person was a permissive one, a suit cannot be maintained under Section 209 of Act, 1950, therefore, its consequence as contemplated in Section 210 of Act, 1950 would not follow,” held the Court. The Court held that present case was that of an “executory contract” since the possession was given only on the basis of an agreement to sale and not the actual sale deed itself.
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