In Karnataka State Financial Corporation Versus N. Narasimahaiah and OTHERS [AIR 2008 SC 1797 : (2008) 4 SCR 853 : (2008) 5 SCC 176 : JT 2008 (4) SC 183 : (2008) 4 SCALE 473] Supreme court Held : Right of property, although no longer a FUNDAMENTAL right, is still a constitutional right. It is also human right. In absence of any provision either expressly or by necessary … Continue reading The Court tried to read the Human RIGHTS position in the context of adverse possession , which is commendable.
In India Article 65 of Limitation Act prescribed limitation to recover possession from the person in wrongful possession is 12 years from the date when the person in possession set up hostile title or adverse title, continuing in possession. Article 65, Schedule I of The Limitation Act prescribes limitation of 12 years for a suit for possession of immovable property or any interest therein based … Continue reading Concept of adverse possession and its consequences wherever attracted has been recognized in the statute dealing with limitation.
“De Jure Belli ac Pacis,” Hugo Grotius CHAPTER IV. Title to Desert Land by Occupancy, Possession, and Prescription. I. A great difficulty arises here respecting the right to property by uninterrupted possession for any certain time. For though time is the great agent, by whose motion all legal concerns and rights may be measured and determined, yet it has no effectual power of itself to … Continue reading Title to Desert Land by Occupancy, Possession, and Prescription
Under the Mahomedan law applicable in India, title to a mosque can be lost by adverse possession. If that is the position in law, there can be no reason to hold that mosque has a unique or special status, higher than that of the places of worship of other religions in secular India to make it immune from acquisition by exercise of the sovereign or … Continue reading Adverse possession and Mahomedan law
Historical background The concept of ADVERSE POSSESSION was born in England around 1275 and was initially created to allow a person to claim right of “seisin” from his ancestry. Many felt that the original law that relied on “seisin” was difficult to establish, and around 1623 a statue of limitations was put into place that allowed for a person in POSSESSION of property for twenty … Continue reading Law of Adverse Possession in India
Keywords: Adverse possession- Ayodhya Dispute- Ram Janma Bhumi-Babri Masjid-Mahomedan Law- AIR 1995 SC 605 : (1994) 6 SCC 360 : JT 1994 (6) SC 632 : (1994) 2 Suppl. SCALE 100 (SUPREME COURT OF INDIA) Dr. M. Ismail Faruqui Appellant Versus Union of India and others Respondent WITH Mohd. Aslam Appellant Versus Union of India and others Respondent WITH Hargyan Singh Appellant Versus State of U.P. … Continue reading Dr. M. Ismail Faruqui Vs Union of India and others[SC 1994 ]
Acquisition by prescription under Indian Easement Act 1882[Sec 15 to 17] Sec15- Where the access and use of light or air to and for any building have been peaceably enjoyed therewith, as an easement, without interruption, and for twenty years, and where support from one person’s land, or things affixed thereto, has been peaceably received by another person’s land subjected to artificial pressure, or by things … Continue reading The Law of Prescriptive Rights
Keywords:-Adverse possession Scope of Section 100 CPC, more particularly in Gurudev Kaur and Others vs. Kaki and Others [(2007) 1 SCC 546] where it was held that even before the 1976 amendment the scope of such interference under Section 100 drastically curtailed and narrowed down. It is specifically held that the High Court would have jurisdiction of interfering only in a case where substantial questions … Continue reading Dharmarajan and Ors Vs Valliammal and Ors [SC- 2007]
KEYWORDS:-Adverse Possession- Plea of adverse possession is not a pure question of law but a blended one of fact and law. Therefore, a person who claims adverse possession should show : (a) on what date he came into possession, (b) what was the nature of his possession, (c) whether the factum of possession was known to the other party, (d) how long his possession has … Continue reading Hemaji Waghaji Jat Vs Bhikhabhai Khengarbhai Harijan and others [SC-2008]
Keywords:-Adverse possession the possession of the adverse possessor must be hostile enough to give rise to a reasonable notice and opportunity to the paper-owner. for claiming title by adverse possession, it was necessary for the plaintiff to plead and prove animus possidendi. A peaceful, open and continuous possession being the ingredients of the principle of adverse possession as contained in the maxim nec vi, nec … Continue reading Vishwanath Bapurao Sabale Versus Shalinibai Nagappa Sabale AND OTHERS[SC-2009]