Lawstreet Journal

You Can Become Owner Of Property By Adverse Possession; Says Supreme Court [Read Order]

Lawstreet Journal 8 Mar 2020 2:33am

Image courtesy: Lawstreet Journal Judiciary You Can Become Owner Of Property By Adverse Possession; Says Supreme Court [Read Order]

The Supreme Court of India, on February 26, 2020, in the case between Gurtej Singh v. Late Zora Singh, through LR and others has noted that plea of acquisition of title by adverse possession can be taken by the plaintiff.

The High Court of Punjab and Haryana dismissed the appeal which was filed by the appellant and affirmed the order of the lower court. The appellant had filed an appeal seeking a decree for injunction that he possesses the property of land by way of adverse possession. 

The decision of the trial court was in favour of the appellant but the Additional District Judge set aside the order of trial court because the remedy for adverse possession isn’t available for Appellant or Plaintiff since the possession of a mortgage cannot be treated as adverse to the true owner. 

The second appeal was filed by the Appellant in the High Court of Punjab and Haryana, which was dismissed in following the case of Bhim Singh and Others vs. Zile Singh and Others, (2006) 3 RCR (Civil) 97 as the plaintiff cannot sue for the title based on adverse possession as the examination on the claim for mortgage was not examined and answered. 

The Plaintiff was aggrieved by the decision recited by the High Court that made him approach the Apex Court, preferring the present appeal by way of special leave. The Counsel representing the Plaintiff contended that the suit cannot be dismissed on the ground that the plea for adverse possession is available for the defendant as… Continue Reading...

Tagged: Supreme Court of India  
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