LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Raj (Engineer)     30 June 2011

Adverse possession SC judgement Out latest out come

Does anyone know,what happend to this Case or the judgement?

 

In Hemaji Waghaji Jat v. Bhikhabhai Khengarbhai Harijan & Others (Available athttps://www.judis.nic.in/) the Supreme Court has held:
"[W]e deem it appropriate to observe that the law of adverse possession which ousts an owner on the basis of inaction within limitation is irrational, illogical and wholly disproportionate. The law as it exists is extremely harsh for the true owner and a windfall for a dishonest person who had illegally taken possession of the property of the true owner. The law ought not to benefit a
person who in a clandestine manner takes possession of the property the of owner in contravention of law. This in substance would mean that the law gives seal of approval to the illegal action or activities of a rank trespasser or who had wrongfully taken possession of the property of the true owner.


Learning

 0 Replies


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register