Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Adverse possession |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Adverse possession - Mere possession of land is not enough - Possessor must have animus possidendi and hold the land adverse to the title of the true owner - For said purpose, not only animus possidendi must be shown to exist, but the same must be shown to exist at the commencement of possession - He must continue in said capacity for the period prescribed under the Limitation Act - Mere long possession for a period of more than 12 years without anything more does not ripen into a title - Limitation Act, 1963 - Article 65.Respondents purchased certain property from the Corporation of Madras. The property was later designated as a slum area and transferred to the Tamil Nadu Slum Clearance Board, which after undertaking certain development activities thereon, allotted it to Appellant Respondents filed writ petition before High Court seeking direction to the Government of Tamil Nadu to denotify the property in question as a slum area which was allowed by a Single Judge. The said finding of the Single Judge was not overturned by the Division Bench in writ appeal, which while upholding the title of the Respondents in relation to the said property, held that the Single Judge was not correct in directing handing over of possession of the suit properties in favour of the Respondents, although the Appellant was in possession thereof.The Government of Tamil Nadu cancelled the earlier notification notifying the property in question as slum area. Respondents, thereafter, flied civil suit seeking recovery of possession of the property in question which was dismissed on the ground that the suit property had been in occupation of the Appellants for a long time and that they have acquired title by adverse possession. The suit was also held to be barred by limitation. High Court, however, allowed appeal and directed the Appellant to deliver possession of the property to the Respondents. Appellant contended before this Court that the High Court proceeded on an erroneous basis that the title of the suit property was not in dispute and that it also committed a serious error in opining that the Appellant had no animus to possess the suit property adverse to the interest of the Respondent. It was contended that the evidences on record showed that the Appellants had been in continuous possession for more than 60 years and, thus, they had perfected their title by adverse possession. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2007 INSC 1085 |
Petitioner | Annakili |
Respondent | A. Vedana Yagam And Ors. |
SCR | [2007] 11 S.C.R. 517 |
Judgement Date | 2007-10-12 |
Case Number | 4880 |
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