The Court tried to read the Human RIGHTS position in the context of adverse possession , which is commendable.

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.… Read More The Court tried to read the Human RIGHTS position in the context of adverse possession , which is commendable.

Concept of adverse possession and its consequences wherever attracted has been recognized in the statute dealing with limitation.

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… Read More Concept of adverse possession and its consequences wherever attracted has been recognized in the statute dealing with limitation.

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… Read More Title to Desert Land by Occupancy, Possession, and Prescription

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

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