raghuvenu rao (PRIVATE JOB) 08 April 2020
raghuvenu rao (PRIVATE JOB) 09 April 2020
P. Venu (Advocate) 09 April 2020
Please post the material facts bringing out the issue you are trying to highlight. Please note that the aspect relates to possession, not position.
Dr J C Vashista (Advocate) 10 April 2020
When there is no sale deed in favour of person-in-interest / possesser title (ownership) is not transferred.
Dr J C Vashista (Advocate) 10 April 2020
What do you mean from the terminology "pahanees Science" used by you?
raghuvenu rao (PRIVATE JOB) 10 April 2020
Shreshta@ JA Beno AOR supreme (AOR supreme court of india ) 10 April 2020
May be inspite of the poition of the property there must be some proof to prove that the said person was enjoying the property for 13 years and further there must some records to prove that the said person claiming the Adverse position of the property must pocess and record from the government to prove his enjoyment.
P. Venu (Advocate) 10 April 2020
Admittedly, the so-called encroachers have been allowed to be in possession for 25 years or more. And they have perfected their right by adverse possession. The decision/order of the RDO restoring the names of the original owner or their successors-in-title cannot negate the effect of adverse possession.
The only option is to file suit a file for eviction and permanant injection with the plea that the adverse possession has been within the period of limitation of 12 years as laid down by the provisions of Article 65 and leaving it to the defendants to prove or rebut the averment.
P. Venu (Advocate) 10 April 2020
The concluding portion of the above posting may be read as "...............and leaving it to the defendants to prove the contrary or rebut the averment" instead of "........... and leaving it to the defendants to prove or rebut the averment"
The lapse in this context is regretted.
P. Venu (Advocate) 11 April 2020
Yes, it is "injunction", not 'injection'. Thanks, Mr. Om Prakash for correcting me. I regret the error.