Adverse Possession // 7 Legal Points to Win in the Court : Advocate Subodh Gupta (Video No.194)

Refer Judgements:
1. Karnataka Board of Waqf Vs. Government of India, decided in 2004 by Hon’ble Supreme Court (Supreme Court dealt with essential ingredients of adverse possession)
2. Hemaji Waghaji Jat Vs. Bhikhabhai Khengarbhai Harijan and others, decided on 23 Sept, 2008 (Supreme court observes that Law of adverse possession is irrational and illogical and harsh for true owner).
3. State of Haryana Vs. Mukesh Kumar, decided by Supreme court on 30 Sept, 2011. (Supreme Court deprecated the law of adverse possession).
4. Govt. of Kerala Vs. Joseph, decided on 09 Aug, 2023 by Hon’ble Supreme Court.
5. Ram Nagina Rai & Anr. Vs. Deo Kumar Rai & Anr., decided on 21 Aug, 2018 by Hon’ble Supreme Court.
6. The Karnataka Wakf Board Vs. State of Karnataka and Ors, AIR 1996 Kant. 55 (Article 64 , 65 of the Limitation Act - Plaintiff can take alternative plea regarding title and the plea of adverse possession. Cannot be said to be inconsistent with one other.)
7. Hari Prasad Agrawal Vs. Abdul Haq, AIR 1951 Patna 160. (For adverse possession, actual possession is necessary and mere constructive possession is not sufficient.)
8. Yeswant Deorao Vs. Walchand Ramchand, AIR 195 SC 16 (Plea of Adverse possession can be raised at appellate stage for the first time as last resort.)
9. Natesan Vs. Chinnachi Kandar, AIR 1996, Madras 468.
10. Laxmibai Vs. Thorepa, AIR 1982, Karnataka 248 (D.B)
11. State of M.P Vs. The Dalhousie Institute Society, AIR 1970 SC 1778.
12. Tajibai Vs. Hasan Khan, AIR 1987 M.P 219 (Person in possession of land under agreement to sell in his favour cannot raise the plea of adverse possession as he is in permissive possession.)
13. Ganda Singh Vs. Ram Narain, AIR 1959 Punjab 147
14. Ramzan and others Vs. Smt. Gafoorah and others, AIR 2008 Allahabad 37.
15. Lachhimi Nath Vs. Bhola Nath, AIR 1964, Allahabad 383.
16. Kshitish Chandra Bose Vs. Commissioner of Ranchi, AIR 1981, SC 707 (Adverse possession must be open and continuous)
17. Lakshmi Narayan Barnwal Vs. Jagadish Singh, AIR 1991 Patna 99.
18. Anakilli Vs. Vendanarayam, AIR 2008 SC 346
19. Rangappa Vs. Rangappa, AIR 1925 Mad. 1005 (DB) (Adverse possession must be pleaded in the plaint)
20. Gurunath Manohar Paviskar Vs. Naresh Siddapppa Navalgund and Ors, AIR 2003 SC 901 (A revenue record is not a document of title. It mere raises a presumption in regard to possession.)
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Advocate Subodh Gupta
B.Com. MBA(HR). LL.B. LL.M. (High First Class, Always)
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