Search Results for Tag : Adverse possession

Judgments

Unless possession of a party is adverse to rights of real owners, plea of adverse possession should not be accepted(18.12.2017)

Appeal arises against the judgment and decree passed in Additional District Court. The Plaintiffs filed the suit for declaration, for recovery of poss.....

Tags : Title, Adverse possession, Rights

A party claiming adverse possession must prove that, his possession is peaceful, open and continuous(01.02.2018)

In instant case, Defendant No. 2 is the Appellant against a confirming judgment. Plaintiff-respondent No. 3 instituted the suit for declaration of tit.....

Tags : Adverse Possession, Title, Right

News

Adverse Possession Plea can be Sustained Only When Possession is in Denial of True Owners' Title: SC(29.04.2019)

Supreme Court has observed that mere continuous possession howsoever long it may have been qua its true owner is not enough to sustain the plea of adv.....

Tags : Supreme Court, Adverse Possession

Supreme Court Clarifies Plaintiff can Claim Title to Property Based on Adverse Possession(27.09.2019)

Supreme Court has clarified that a Plaintiff can claim title to the property based on adverse possession. The Court further observed that the plea of .....

Tags : Supreme Court, Adverse Possession

Supreme Court Rejects Himachal Pradesh Government’s “Adverse Possession” of Woman’s Land(09.01.2020)

Supreme Court has directed Himachal Pradesh Government to pay compensation along with Rs. 10 Lakhs Litigation Costs to an 80- year old woman whose lan.....

Tags : Supreme Court, Adverse Possession

Supreme Court: Long Continuous Possession by Itself Cannot be Termed as Adverse Possession(16.01.2020)

Supreme Court has reiterated that long and continuous possession by itself cannot be termed as adverse possession to perfect title within the meaning .....

Tags : Supreme Court, Adverse Possession

SC: Pleas of Title and Adverse Possession Cannot be Advanced Simultaneously(27.08.2020)

Supreme Court has observed that plea of title and adverse possession cannot be advanced simultaneously and from the same date.

Tags : Supreme Court, Pleas of Title and Adverse Possession

Kerala HC: Claiming Adverse Possession After Encroachment Into Public Road Not Admissible(28.02.2022)

Kerala High Court has ruled that a petitioner claiming the right of adverse possession after encroaching into a public road cannot be treated as a usu.....

Tags : Kerala High Court, Adverse Possession Into Public Road

Cal. HC: State Can't Claim Title to Land Belonging to Citizens by Using Adverse Possession Doctrine(03.10.2022)

Calcutta High Court has observed that the State, professing to be a welfare state, cannot claim to have perfected its title over a piece of land by in.....

Tags : Calcutta High Court, Adverse Possession, Land

HP HC: Revenue Officer has Discretion to Convert Itself to Civil Court to Decide Plea of Possession(06.03.2023)

Himachal Pradesh High Court while observing that while adjudicating the plea of adverse possession revenue officer has discretion, either to convert i.....

Tags : Himachal Pradesh High Court, Adverse Possession, Discretion

SC: When Land Belonging to Govt. is Subject to Adverse Possession, Courts Must Exercise Greater Care(11.08.2023)

Supreme Court has held that when the land wherein adverse possession has been claimed, belongs to the Government, the Court is duty-bound to act with .....

Tags : Supreme Court, Adverse Possession, Land, Government

Supreme Court Explains The Principles of Adverse Possession(15.02.2024)

Supreme Court while stating that a person pleading adverse possession has no equities in his favor because seeking such possession is attempting to de.....

Tags : Supreme Court, Adverse Possession, Owner's Rights

Supreme Court: Actual Owner of the Property Must be Known to the Party Claiming Adverse Possession(21.03.2024)

Supreme Court has held that when a party claims adverse possession, he must know who the actual owner of the property is. Secondly, he must plead that.....

Tags : Supreme Court, Uninterrupted Possession, Adverse Possession

SC: Can’t Allow State to Appropriate Private Property through Adverse Possession(20.11.2024)

Supreme Court has observed that allowing the State to appropriate private property through adverse possession would undermine the constitutional right.....

Tags : Supreme Court, Adverse Possession, Private Property

HP HC Upholds Wife’s Claim of Adverse Possession after Husband’s Death(11.07.2025)

Himachal Pradesh High Court while upholding a wife’s claim of adverse possession after her husband's death, has observed that unauthorized possession .....

Tags : HP High Court, Husband’s Death, Adverse Possession

SC: Adverse Possession Plea Cannot Be Raised First Time in Appeal(12.08.2025)

The Supreme Court has held that adverse possession must be specifically pleaded, framed as an issue, and proved at trial. It cannot be introduced for .....

Tags : Supreme Court, Adverse Possession, Pleadings, Civil Procedure Code, Section 96