Strike out the issue in civil case
Singh
(Querist) 07 December 2014
This query is : Resolved
X has acquired one property from L&Dev office delhi and he has died intestate and 2 sons (A,B) has relinquished their share in favour of their mother.Mother has gifted her entire share in favour of B.thereafter few years later B has filed suit for vacation against A on the basis of gift deed as A was residing in the property with B's consent as a licencee and brotherhood basis only.
However A claimed his share by way of adverse possession in his written statement as he is residing in property so long and having electricity and sales tax reg number with same address.and also challenged Gift deed and Rd in his ws.
Court has made issue "whether A can claim ownership by way of adverse possession"OPD
someone told me that adverse possession is now outdated law and not applicable on the basis of latest Sc judgement
Hemaji Waghaji Jat ..App Versus
Bhikhabhai Khengarbhai Harijan & Others
where Supreme court struck out the law related with adverse possession.
So Query is whether we can move an application to strike out this issue as this issue is against the law pronounced by supreme court.
if yes then what are the chances that we could succeed and just confirming we need to move an apliaction under which section,
Please help
Dr J C Vashista
(Expert) 07 December 2014
Since the property is self-acquired by B through the gift deed, B has all the rights in the property and A, being a licencee, has to vacate, despite the fact of adverse possession (which is irrelevant in this case).
Otherwise also as per SC authority mentioned herein above is clear and unambigous and the issue framed has to be decided in favour of B (which cannot be strike out).
No application is required/ shall be maintainable.
Your chances are bright.
Rajendra K Goyal
(Expert) 07 December 2014
B has a good case in his favor, A may not succeed in the plea of adverse possession.
T. Kalaiselvan, Advocate
(Expert) 07 December 2014
You have repeated the same query in another thread too where your query was properly addressed by many experts including me. However, my reply remain same. A has got no legal stand to claim or perfect the title by adverse possession, he may not succeed if he his filing any suit that way in view of the facts and situation of the case.
malipeddi jaggarao
(Expert) 09 December 2014
When the experts have guided you in your last query what is the reason to post it again?
