Adverse possession
surya
(Querist) 09 January 2012
This query is : Resolved
respected sirs, a person is claiming adverse possession on a land 1961-1973(12years).he is showing xerox copies of revenue bills for only 8 years.he is pleading for adverse possession in 1986 after 13 years.can the court give him adverse possession
Devajyoti Barman
(Expert) 09 January 2012
Unless the defendant establish-
1. Uninterrupted possession for more than 13 years.
2.Possession in clear adversary to the title of the true owner.
3. Possession must be in disregard to the title of the actual owner.
his case would fail.
prabhakar singh
(Expert) 09 January 2012
Oh! it is so? not 12 but 13???????
M/s. Y-not legal services
(Expert) 09 January 2012
"he claiming possession for the period 1961-73"
"he is pleading for adverse possession in 1986 after 13 years."
first clear your query surya., this two peoples are same persons?
-tom-
surya
(Querist) 10 January 2012
sir,the same person is claiming adverse possession after 13 years i.e in 1986.he is claiming adverse possession for the period of 1961 to 1973 by showing 8 xerox copies of revenue bills.will the court take xerox copies into consideration
AAK
(Expert) 10 January 2012
Even though the facts are not so clear, still i would like to contribute...
xerox copies are inadmissble in evidence.
It seems he has kept quite for more than 13 years (from 1973 to 1986) so it is hopelessly barred by time to claim adverse possession. There are lots of aspects involved to prove adverse possession. Only proving possession is not enough. As rightly said by Ld.Seniors he must prove the possession is hostile, uninterrupted towards true owner.
M/s. Y-not legal services
(Expert) 13 January 2012
ok.. possession for the period from 1961 to 1973, but claiming in the year of 1986.,
but what about the current situation? i mean after 1986 to till date?
we cant give you a crystal clear answer for you., since lack of your information..
-tom-
Raj Kumar Makkad
(Expert) 13 January 2012
tom has already given words to my advice so nothing remains to be added.
Advocate. Arunagiri
(Expert) 13 January 2012
I also have the similar questions as asked by Mr.Tom?
surya
(Querist) 14 January 2012
sir he is never in possession of the land.from 1986 also we are in continuous possession of the land.we are paying water and electricity bills.we put up a small house in the land and our names are written on the walls,the land is fenced by us.the actual problem was in 1986 this person filed a suit in the land grabbing court in hyderabad that we are land grabbers showing some invalid documents.the lgc gave a judgement that we are land grabbers and with out going into the details of his documents perfected his title by adverse possession since he showed 8 xerox copies of land revenue bills paid by him between 1961-1973.interestingly there was no plea for adverse possession his only claim was that his land was grabbed.immediately we approached high court and its judgement was that the opponents documents are null and void there was no act of land grabbing and there is no adverse possession.aggrieved by this the opposite person went to supreme court.the apex court upheld the order of high court.but 1996 another person c filed a specific performance suit in city civil court.the opposite person who lost right upto the supreme court was a party in this suit.in 2010 the city civil court while dismissing the specific performance suit of c,perfected the title of the opposite party by adverse possession.immediately we approached the high court and the high court suspended the judgement giving a reason that with out a plea adverse possession cannot be given and the discussions are coming up on 20 of this month.sir what are the chances of my case coming favorably.please add your valuable suggestions
M V Gupta
(Expert) 17 January 2012
What a strange sequence of judgments? When the SC had upheld your title and rejected the claim of your opponent for title by adv possession, how the city civil court could have confirmed title by adverse Possession in specific performance suit? Did you not produce the SC Judgement? City Civil Court judgement cannot override the SC judgement. Be sure that the HC will set aside the judgement of CCC in the appeal filed by you.
