Adverse Possession -- Long and Uninterrupted Possession -- Long possession alone does not prove adverse possession unless hostile assertion of ownership is affirmatively established
(i) Limitation Act, 1963, S.27 -- Adverse Possession -- Long and Uninterrupted Possession -- Long and uninterrupted possession only proves physical occupation. It does not by itself prove that possession was adverse in law. Adverse possession protects only possession accompanied by a conscious and hostile assertion of ownership against the true owner. The element of hostility must be affirmatively established, failing which the plea of adverse possession fails. (ii) Civil Procedure Code, 1908, S.100 -- Evidence -- Revenue Entries and Claim of Dedication -- Entries in revenue records such as Jamabandi and Khasra Girdawari are relevant to show possession but do not create or extinguish title. Ownership must be proved through substantive evidence of source of title. A claim of dedication of property for religious or charitable purpose must be proved by clear and unequivocal intention of the owner to permanently divest ownership. Long possession of a Mahant or a revenue entry showing cultivation for Dharam-Arth purpose is not by itself conclusive proof of such dedication.
LOGIN TO READCaseLawToday.com is powered by M/s Law Herald Infotech
