ADVERSE POSSESSION.
Querist :
Anonymous
(Querist) 05 November 2009
This query is : Resolved
Respected Sir,
Sub: - ADVERSE POSSESSION.
DHR/plaintiff and JDRs/Defendants filed a compromise petition in lower court. As per this compromise the JDRs are agreed to give some land to DHR and accordingly, the JDRS had handed over the physical possession of the land to the DHR and the same was recorded in the said compromise decree. And it is further recorded in the said compromise decree that “in case the JDRS fails to register the Sale Deed in favour of the DHR, the DHR at liberty to get the same executed through this court”. A compromise was recorded in this E.P on 21-02-1985.
But I did not get the registration though this court and executed the same through Mandal Revenue Officer as there is a specific Act of the Andhra Pradesh Government. As aggrieved by the orders of the Mandal Revenue Officer, the JDRS have preferred an appeal before the appellate authority contending that no notice as required, was not served on them, before passing the order. Even the DHR have succeeded in all Revisional authorities carried out by the JDRS and as well as the High court of A.P. When the case was carried out a Writ Petition before the Division Bench by the JDRS, the Hon’ble Division bench has quashed all the orders passed below, on the ground that the Mandal Revenue Officer was not supposed to entertain this case and has not followed the proper procedure. As aggrieved by the Orders of the Division bench, the DHR preferred a SLP before the Supreme Court, which is pending.
So I want to clarity.
1. The JDrs have not contending about the compromise decree.
2. As per the compromise decree the DHR is in possession since 21-02-1985.
3. So dhr was in Adverse possession or not?
4. Since the JDRS are not contending about my possession, Shall I have a right over the said lands? Or otherwise who are the real owners as of now.
Plz. suggest me suitably.
Raj Kumar Makkad
(Expert) 05 November 2009
Despite of your possession over the part of decreetal property by way of compromise is since 1985 but the same cannot be equated with adverse possession as the same is not open and hostile to the true owner and moreover you are the owner of that property till the decree/compromise is not finally set aside. it is true that the satisfaction of the decree would have been made through civil court and not through revenue authorities but anyhow even if compromise is set aside then decree prevails and according to this decree also decree holders can preserve their possession over the suit land.
niranjan
(Expert) 05 November 2009
This is the same uerry to which Makkadsir had replied that DH can file the execution petition.
DH is in possession but the sale deed is not got executedSo in my humble opinion that since the JD has not executed the document you may approach the court for execution of the document.But if the uestion of limitation comes,the compromise decree can be considered as agreement to sell so ask the jd to execute the document and if he does not come forward you may file the suit of specific performance.
V.V.RAMDAS
(Expert) 08 November 2009
Dear Makked has nicely replied.
