Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | peaceful open and continuous possession Suit for adverse possession wrongful ouster of the rightful owner possession of lands for 30 years |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Adverse Possession: Suit for adverse possession filed by plaintiff-respondent in 1990 on the ground of possession of lands for 30 years prior to filing of the suit relying on the Khasra entries for 1960-1961 as the foundation of the claim – Case of appellants was that the suit lands was sold by the original owners to ‘UD’ by way of sale deed dated 11.10.1972 which was subsequently purchased by appellants; that Khasra entries for 1969-1973 showed ‘UD’ in possession of the lands and that in 1974-1978, the Khasra entries again showed ‘UD’ as the landlord; that Khasra entries for 1960-1961 and 1974-1978 showing possession of the plaintiff were interpolations in red color ink while the entries in name of ‘UD’ after purchase were made in blue color ink – Held: Plaintiff- respondents claimed adverse possession from 1960-1961 – If the plaintiff ’s possession itself originated in 1960-1961, it is difficult to appreciate how the Khasra entries in its name came to be made in the very same year – s.115 of the MP Land Revenue Code provides that if the Tehsildar finds that a wrong or incorrect entry has been made in the land records prepared under s.114 by an officer subordinate to him, he shall direct necessary changes to be made therein in red ink after making such enquiry from the person concerned – Plaintiff led no evidence whatsoever when the application for correction in the khasra entry was made and that the original land owner was heard before the corrections were made – Khasra entries in red ink, claimed by the plaintiff in proof of possession remained unexplained and doubtful – After purchase of the lands by ‘UD’, her name was entered in the Khasra as landlord during 1969-1973 along with possession as also during 1974-1978 – Once it is concluded that the red ink entries regarding corrections in the Khasra showing possession of the plaintiff were suspicious, based on fraud and forgery, the recordings in the name of the plaintiff were irrelevant – The name of ‘UD’ was also shown in the Khasra entries for 1984-1989 in blue ink – Therefore, conclusion of the first appellate court with regard to possession of the lands being with ‘UD’ after purchase considered along with the report of the court commissioner, and who subsequently sold it to the appellants on basis of a registered sale deed, called for no interference – Also, the suit land was sold to ‘UD’ before the expiry of 12 years on 11.10.1972 and she was put in possession and, therefore, plaintiff’s claim of uninterrupted possession for 12 years was unsustainable as completely devoid of substance – Plaintiff failed to establish peaceful, open and continuous possession demonstrating a wrongful ouster of the rightful owner – The onus lay on the plaintiff to establish when and how he came into possession, the nature of his possession, the factum of possession known and hostile to the other parties, continuous possession over 12 years which was open and undisturbed – Plaintiff failed to discharge the onus – The order of the High Court is held to be unsustainable and is set aside. |
Judge | Hon'ble Mr. Justice Navin Sinha |
Neutral Citation | 2019 INSC 1104 |
Petitioner | Brijesh Kumar And Another |
Respondent | Shardabai (dead) By Lrs. And Others |
SCR | [2019] 14 S.C.R. 964 |
Judgement Date | 2019-10-01 |
Case Number | 1090 |
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