Important Judicial References on Adverse Possession

 

Important Judicial References on Adverse Possession

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1️⃣ Karnataka Board of Wakf v. Government of India

(2004) 10 SCC 779
✅ The Supreme Court held that:

A person who bases his title on adverse possession must show that his possession was “nec vi, nec clam, nec precario” — peaceful, open, continuous, and hostile to the true owner.

✅ Mere possession or use of land without asserting hostile title is not sufficient.
✅ The burden is heavily on the claimant.

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2️⃣ State of Haryana v. Mukesh Kumar & Ors.

(2011) 10 SCC 404
✅ Supreme Court strongly criticized misuse of adverse possession claims, especially against the government, saying:

“There is no equity in favor of a trespasser.”

✅ Courts should discourage land grabbers misusing the doctrine, and governments should protect public land.

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3️⃣ Ravinder Kaur Grewal v. Manjit Kaur

(2019) 8 SCC 729
✅ Clarified a big legal debate:

• Even a plaintiff (not just a defendant) can file a suit based on adverse possession to protect possession.

✅ Earlier law only allowed adverse possession as a defense; this case confirmed it can be an active claim.

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4️⃣ P.T. Munichikkanna Reddy v. Revamma

(2007) 6 SCC 59
✅ Court emphasized that:

Adverse possession is a negative right, extinguishing the true owner’s title, but it requires clear and convincing evidence.

✅ Courts must strictly apply the doctrine, especially when public property is involved.

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5️⃣ Amrendra Pratap Singh v. Tej Bahadur Prajapati

(2004) 10 SCC 65
✅ Reaffirmed:

The concept of adverse possession is rooted in limitation, not in right — mere possession is not ownership.

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⚠ Why These Are Important

When making a claim against the government, courts apply stricter standards because:
✔ Public land is meant for public good
✔ Encroachment cannot easily ripen into ownership
✔ Strong proof of open, hostile, continuous possession for 30+ years is required

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📌 How to Use These in Your Case

✅ In your Section 80 CPC notice, you can mention:

“The Hon’ble Supreme Court in Ravinder Kaur Grewal v. Manjit Kaur (2019) has upheld that a person in adverse possession may seek declaratory relief…”

✅ In your plaint or written submissions, you can cite the cases and explain how your facts meet the legal test:

• Continuous + open + exclusive + hostile + 30 years + no government action