Adverse passession
Bhim Singh
(Querist) 06 March 2013
This query is : Resolved
Sir
A, Is true owner of his father land and 'B' is cushion brother of'A' claiming adverse possession on the land of 'A'from year 1965.
In the year 1976 'A' execute Registered agreement for sale in fave-er of 'C'. In year 1978 'B' File 229B Deceleration of Title case in the court of S.D.M . B, except clearly in his statement giving in the court of S.D.M That 'A' is missing from year 1977 .In further proceeding of this case ravenu board
Allahabad dismissed entire proceedings and Title declared by S.D.M on the request of 'C'In presence of 'B' statement and declared 'A' is dad personal No any case file after 1977 claiming adverse possession on 'A's land. in year 2004 'B' file writ petition in high court against ravenu board order. IN THIS CASE 'C' IS IN POSSESSION ON THE LAND FROM 1976.
My question is what is done by high court.
B. SINGH
ajay sethi
(Expert) 06 March 2013
writ has been filed in 2004 . SDM had dismiised suit by B for declaration of title duly affirmed by revenue board . B has no title on said property . since C is in posession since 1976 writ would most probably b e dismissed by HC
arunprakaash.m.
(Expert) 06 March 2013
Plea of Adverse possession does not applicable to joint owners/co-owners. More over if the possession is permissive one, how long he may be in possession. It will not become adverse possession
Raj Kumar Makkad
(Expert) 06 March 2013
B is out of possession since 1976 and moreover a buyer namely C is already in its possession since the day of its purchase so B has no chance in his writ petition and it is liable to be dismissed with cost but how are you concerned with the query or that land which already stands sold out by your father to C in the year 1976?
Bhim Singh
(Querist) 07 March 2013
Sir
'A' is only Son of his father and No one left in this family after 'A's death . 'B' is cushion brother of 'A' have 2 brother and 3 son , elder age from 'A'. 'B' do not in a single day possession from 1965 but setup a Theory in the year 1977 by using force and corruption to defeat 'C' Agreement to sale execute by 'A'
