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bharat (owner)     07 October 2012

Adverse possession

respected experts, i am cultivating 14 acres of my ancestral land. in which records of rights column 11 tenants name appears from 1964 till 1994. the tenant has not claimed tenancy rights in 1974 , but as the karnataka land reforms brought amendment in the year 1999 (7A) to claim tenancy for only those who missed to file the claim in 1974.  by this amendment , tenant can get maximum 5 acres only. my tenant claimed this 7A and the same is rejected as the tenant was already owning 13 acres of his own land.  now i was cultivating my land ,but unknowingly i have assigned my tenant's grandson to cultivate my land, and i have not given him any written agreement. just a month after assigning him to cultivate my land, he is going to civil court for declaration and injunction suit  as adverse possession.  his claim for tenancy has already been rejected by the competent authority (SDM)12 years ago. now,  on the basis of adverse possession is it possible that i will loose my land? please give me your opinion



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 1 Replies

MohammedRaffiq Bijapur (Advocate)     07 October 2012

Bharat I hope u r aware of concept of adverse possession. She since ur  tenant's claim is rejected, assigning ur tenant's grandson to cultivate our land itself is evident that ther person is in permissive possesion. his possession is not hostile to ur title. So the suit will not survive. Take better advise from ur advocate whom u have entrusted ur case.

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