Onus To Prove Adverse Possession Shifts To Defendants, Once Title Is Upheld In Plaintiff's Favour In Earlier Suit Between Same Parties : Supreme Court
1 year, 10 months ago

Onus To Prove Adverse Possession Shifts To Defendants, Once Title Is Upheld In Plaintiff's Favour In Earlier Suit Between Same Parties : Supreme Court

Live Law  

The Supreme Court Bench comprising of Justice Rajesh Bindal and Justice Aravind Kumar, while adjudicating an appeal filed in Prasanna and Others V Mudegowda By LRs, has held that the onus to prove acquisition by adverse possession shifts on the defendant, once the title of the property has been upheld in the name of Plaintiff by a judgment/decree in an earlier suit between the same parties. The said suit was also dismissed while holding that Mr. Mudegowda possessed a valid title to the Property as the sale deed executed by Mr. Shetty was never challenged. SUPREME COURT VERDICT The onus to prove acquisition by adverse possession shifts on the defendant, once the title of the property has been upheld in the name of Plaintiff by a judgment/decree in an earlier suit between the same parties The Bench observed that the Trial Court’s finding that Mr. Mudegowda was not in possession of the Property was based on the premise that ‘Katha’ of the Property was not transferred in the name of Mr. Mudegowda. The Bench observed as under: “It is trite law that once the title of the property has been upheld namely a finding has been recorded by a judgment and decree in the name of plaintiff in an earlier suit, in such circumstances, the onus to prove acquisition by adverse possession lay on the defendant.” It was opined that since the Property was decreed in favour of Mr. Mudegowda vide order dated 10.09.1987 passed in O.S.

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History of this topic

Party Claiming Adverse Possession Must Know Who The Actual Owner Of Property Is: Supreme Court
1 year ago

Party Claiming Adverse Possession Must Know Who The Actual Owner Of Property Is: Supreme Court

Live Law  

The Supreme Court held that a plaintiff cannot seek ownership over the property based on the claim of an adverse possession if he fails to prove who was the actual owner of the property and, an uninterrupted possession for more than 12 years was in the original owner's knowledge. Affirming the findings of the High Court and Trial Court, the …

Principles Of Adverse Possession : Supreme Court Explains
1 year, 1 month ago

Principles Of Adverse Possession : Supreme Court Explains

Live Law  

Recently, while deciding the suit for declaration of title, the Supreme Court reiterated some important factors related to the principle of adverse possession. 10 SCC 779) The person who claims adverse possession must show the following: “ on what date he came into possession; what was the nature of his possession; whether the factum of possession was known to the …

When Adverse Possession Is Claimed Over Government Land, Courts Must Act With Greater Care : Supreme Court
1 year, 7 months ago

When Adverse Possession Is Claimed Over Government Land, Courts Must Act With Greater Care : Supreme Court

Live Law  

The Supreme Court, while placing its reliance on the decision of State of Rajasthan v. Harphool Singh 5 SCC 652, opined that when the disputed land, claimed by way of adverse possession, belongs to the government, the nature of enquiry by the Court must be more serious and effective. “When the land subject of proceedings wherein adverse possession has been …

'Adverse Possession' Of Property vs 'Permissive Possession': Karnataka High Court Explains
3 years, 2 months ago

'Adverse Possession' Of Property vs 'Permissive Possession': Karnataka High Court Explains

Live Law  

The Karnataka High Court has said a person will not acquire adverse possession by simply remaining in permissive possession, for however long it may be. " Case Background: Late Muthana, father of the appellant Chepudira Madaiah, filed a suit before the trial court in 1983, for possession of encroached land measuring 35 cents and 10 cents, from late Bopaiah. Then …

Pleas Of Title And Adverse Possession Cannot Be Advanced Simultaneously And From The Same Date: SC [Read Judgment]
4 years, 7 months ago

Pleas Of Title And Adverse Possession Cannot Be Advanced Simultaneously And From The Same Date: SC [Read Judgment]

Live Law  

The Supreme Court has observed that plea of title and adverse possession cannot be advanced simultaneously and from the same date.In this case, the plaintiff filed a suit claiming that he is the full and absolute owner of the schedule property and also sought a direction to remove the temporary structure put up by the defendant on the schedule property. …

Plea Of Acquisition Of Title By Adverse Possession Can Be Taken By A Plaintiff, Reiterates SC [Read Order]
5 years ago

Plea Of Acquisition Of Title By Adverse Possession Can Be Taken By A Plaintiff, Reiterates SC [Read Order]

Live Law  

The Supreme Court has reiterated that a plea of acquisition of title by adverse possession can be taken by the plaintiff.In this case, the plaintiff filed a suit for declaration and injunction seeking a decree that he was owner in possession of land by way of adverse possession. Setting aside the said Judgment, the bench comprising of Justices NV Ramana, …

Long Continuous Possession By Itself Cannot Be Termed As Adverse Possession: SC [Read Judgment]
5 years, 2 months ago

Long Continuous Possession By Itself Cannot Be Termed As Adverse Possession: SC [Read Judgment]

Live Law  

The Supreme Court has reiterated that long and continuous possession by itself cannot be termed as adverse possession so as to perfect title within the meaning of Article 65 of the Limitation Act. The Court noted that a plea of adverse possession is founded on the acceptance that ownership of the property vests in another, against whom the claimant asserts …

State Cannot Be Permitted To Perfect Title By Adverse Possession To Grab Property Of Its Own Citizens : SC [Read Judgment]
5 years, 2 months ago

State Cannot Be Permitted To Perfect Title By Adverse Possession To Grab Property Of Its Own Citizens : SC [Read Judgment]

Live Law  

The Supreme Court granted relief to a 80 year old illiterate widow, whose land was forcibly acquired by the Himachal Pradesh government in 1967-68 without following due process of law for construction of road.A bench of Justices Indu Malhotra and Justices Ajay Rastogi held that state cannot invoke the doctrine of adverse possession to perfect title over land grabbed from …

A Plaintiff Can Claim Title To The Property Based On Adverse Possession, Reiterates SC [Read Judgment]
5 years, 6 months ago

A Plaintiff Can Claim Title To The Property Based On Adverse Possession, Reiterates SC [Read Judgment]

Live Law  

A plaintiff can claim title to the property based on adverse possession, the Supreme Court has reiterated. In this case, the appeal arose from a suit filed by a plaintiff who claimed that he was in possession of the land from 1963 to 1981 claiming ownership as against defendant and that his possession had matured into title. The Trial Court …

Application For Putting Back Into Possession Cannot Be Allowed Merely Because Applicant Was In Possession Prior To Dispossession: SC [Read Judgment]
5 years, 7 months ago

Application For Putting Back Into Possession Cannot Be Allowed Merely Because Applicant Was In Possession Prior To Dispossession: SC [Read Judgment]

Live Law  

In the proceeding under Order XXI Rules 99, 100 and 101 of the Code of Civil Procedure, right, title or interest has to be determined and without establishing right, title or interest, and on mere fact that the applicant was in possession of the premises prior to being dispossessed, he could not be put back into possession, the Supreme Court …

Adverse Possession Plea Can Be Sustained Only When Possession Is In Denial Of True Owners' Title: SC [Read Judgment]
5 years, 11 months ago

Adverse Possession Plea Can Be Sustained Only When Possession Is In Denial Of True Owners' Title: SC [Read Judgment]

Live Law  

The Supreme Court has reiterated the principles of acquisition of title by adverse possession.The bench comprising of Justice Abhay Manohar Sapre and Justice Dinesh Maheshwari observed that mere continuous possession howsoever long it may have been qua its true owner is not enough to sustain the plea of adverse possession unless it is further proved that such possession was. The …

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