Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Adverse Possession Usufructuary mortgagee obtaining invalid sale with consent of mortgagor Mortgagor a minor |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Case Remanded |
Headnote | Adverse Possession—Usufructuary mortgagee obtaining invalid sale with consent of mortgagor—Mortgagor a minor— Nature of possession of mortgagee if altered.In 1961 R executed a usufructuary mortgage of the suit lands in favour of M. Later, in 1923 he executed a sale deed of the same lands in favour of Rajanna, uncle of the appellant. The appellant and Rajanna formed a joint Hindu family. As there was difficulty in obtaining possession by Rajanna, he Rand M entered into an arrangement under which the sale deed was cancelled by making endorsements on the back of it and the lands were sold by R to M. Rajanna died in 1930 as a minor, and in 1943 the appellant brought a suit against M for possession of the lands on the ground that the cancellation of sale deed of 1923 was ineffective as it was not registered and that accordingly the sale deed in favour of M passed no title to him. M pleaded adverse possession on account of the invalid sale in his favour. The suit for possession was dismissed on the ground that the appellant had filed the suit more than three years after attaining majority. Held, that though the suit for possession was time barred the appellant could maintain a suit for redemption if M had not prescribed title by adverse possession M who had entered into possession as a mortgagee could acquire title by prescription if there was a change in the character of his possession under an agreement with the owner. The endorsement of cancellation on the sale ‘deed taken along with the sale deed in favour of M were admissible to show the character of possession of M. This arrangement would clearly show that the possession of M was adverse provided Rajanna was not a minor and was capable of giving his consent. Though, in certain circumstances there could be adverse possession against a minor, possession lawful at the inception could not become adverse under an arrangement with a minor. A minor was in law, incapable of giving consent, and there being no consent, there could be no change in the character of possession which could only be by consent and not by unilateral action. |
Judge | Hon'ble Mr. Justice T.L Venkatarama Aiyyar |
Neutral Citation | 1962 INSC 206 |
Petitioner | Padma Vithoba Chakkayya |
Respondent | Mohd. Multani |
SCR | [1963] 3 S.C.R. 229 |
Judgement Date | 1962-05-04 |
Case Number | 620 |
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