NDLI: Mallikarjunaiah Vs. Nanjaiah & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	adverse possession Suit Declaration of title
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Suit – Declaration of title – According to the appellant- plaintiff, the suit land fell to his share after the death of his father by a partition amongst his brothers – In 1983, appellant noticed that the suit land i.e. 1 Gunta in Sy. No. 17/3 was encroached upon by the respondents-defendants – In 1992, appellant filed suit against the respondents for declaration of his ownership over the entire land including the suit land – Trial court and the First Appellate Court held that respondents had perfected their title by adverse possession – In the second appeal, the High Court declared respondents to be the owner of the suit land by virtue of their adverse possession – On appeal, held: Respondents had admitted the ownership of the appellant over the entire land including the suit land by setting up the plea of adverse possession over it – Respondents failed to prove their adverse possession as there was no element of either adversity or/and hostility between two co- owners/brothers because in a dispute of this nature where both the parties are related, possession of one is regarded as possession of other unless the facts show otherwise – Also, there was no knowledge of actual measurements of the suit land prior to the year 1983 – Plea of adverse possession was also not available to the respondents as suit was filed well within 12 years from the date of knowledge of adverse possession and 12 years had not completed by then – The Courts below were not justified in declaring the respondents to be the owner of the encroached portion of the suit land by virtue of adverse possession – Judgment of the High Court set aside – Thus, appellant-plaintiff ’s suit decreed in its entirety against the respondents-defendants – Respondents to vacate the encroached portion (1 Gunta in Sy.No. 17/3) and hand over its possession to the appellant.
Judge	Hon'ble Mr. Justice Abhay Manohar Sapre
Neutral Citation	2019 INSC 578
Petitioner	Mallikarjunaiah
Respondent	Nanjaiah & Ors.
SCR	[2019] 6 S.C.R. 1073
Judgement Date	2019-04-26
Case Number	7768

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