Delivery of possession

mahesan (Querist) 18 August 2013 This query is : Resolved
A Have 1.50 acres land as per his settlement deed, neighbour owner B have 1.00 acre as per the sale deed document. But revenue records A have only 1.30 acres and B have 1.20 acres. B enjoyed 1.20 acres more than 30 years and planted coconut trees and same was 30 years old. How can A delivery of Possession from the B an extent of 0.20 acres Land. What is the limitation period of delivery of possession from the B?

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Advocate M.Bhadra (Expert) 18 August 2013
'B' is now wrongful possession at 20 acres land,'A' can file an application to the Land Revenue Department for correction for entries or 'A' can file suit for Declaration and Recovery of Possession in Civil Court.'B' can not claim adverse possession.

The Supreme Court in Chatti Konati Rao & Ors. vs Palle Venkata Subba Rao has explained the underlying principles in cases pertaining to claims of Adverse Possession. The Bench speaking through Justice C.K. Prasad held as under;

"What is adverse possession, on whom the burden of proof lie, the approach of the court towards such plea etc. have been the subject matter of decision in a large number of cases. In the case of T. Anjanappa v. Somalingappa (2006) 7 SCC 570, it has been held that mere possession however long does not necessarily mean that it is adverse to the true owner and the classical requirement of acquisition of title by adverse possession is that such possessions are in denial of the true owner's title. Relevant passage of the aforesaid judgment reads as follows :

It is well-recognised proposition in law that mere possession however long does not necessarily mean that it is adverse to the true owner. Adverse possession really means the hostile possession which is expressly or impliedly in denial of title of the true owner and in order to constitute adverse possession the possession proved must be adequate in continuity, in publicity and in extent so as to show that it is adverse to the true owner. The classical requirements of acquisition of title by adverse possession are that such possession in denial of the true owner's title must be peaceful, open and continuous. The possession must be open and hostile enough to be capable of being known by the parties interested in the property, though it is not necessary that there should be evidence of the adverse possessor actually informing the real owner of the former's hostile action."