Title to Desert Land by Occupancy, Possession, and Prescription

"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 … Continue reading Title to Desert Land by Occupancy, Possession, and Prescription

Adverse possession and Mahomedan law

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 … Continue reading Adverse possession and Mahomedan law

Law of Adverse Possession in India

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 … Continue reading Law of Adverse Possession in India

Dr. M. Ismail Faruqui Vs Union of India and others[SC 1994 ]

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 … Continue reading Dr. M. Ismail Faruqui Vs Union of India and others[SC 1994 ]

The Law of Prescriptive Rights

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 … Continue reading The Law of Prescriptive Rights

Dharmarajan and Ors Vs Valliammal and Ors [SC- 2007]

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 … Continue reading Dharmarajan and Ors Vs Valliammal and Ors [SC- 2007]

Hemaji Waghaji Jat Vs Bhikhabhai Khengarbhai Harijan and others [SC-2008]

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 … Continue reading Hemaji Waghaji Jat Vs Bhikhabhai Khengarbhai Harijan and others [SC-2008]

Vishwanath Bapurao Sabale Versus Shalinibai Nagappa Sabale AND OTHERS[SC-2009]

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 … Continue reading Vishwanath Bapurao Sabale Versus Shalinibai Nagappa Sabale AND OTHERS[SC-2009]

L. N. Aswathama and another Vs P. Prakash [SC-2009]

Keywords:-Adverse Possession-possession follows title-Title by Prescription Possession follows title. The plaintiffs having established title to the suit property, will be entitled to decree for possession, unless their right to the suit property was extinguished, by reason of defendant being in adverse possession for a period of twelve years prior to the suit. To establish a … Continue reading L. N. Aswathama and another Vs P. Prakash [SC-2009]

State of Haryana Vs Mukesh Kumar and Others Respondent[SC 2011]

Keywords:- Adverse Possession The right to property is now considered to be not only constitutional or statutory right but also a human right. Human rights have already been considered in realm of individual rights such as right to health, right to livelihood, right to shelter and employment etc. But now human rights are gaining a … Continue reading State of Haryana Vs Mukesh Kumar and Others Respondent[SC 2011]