Supreme Court Upholds Plaintiff's Right to Seek Title Declaration Through Adverse Possession скачать в хорошем качестве

Supreme Court Upholds Plaintiff's Right to Seek Title Declaration Through Adverse Possession

In a recent legal development, the Supreme Court clarified the legal standing of a plaintiff in filing a title declaration suit based on adverse possession. This clarification was provided in reference to the Ravinder Kaur Grewal vs. Manjit Kaur case, which established the principle that a plaintiff has the right to seek a declaration of title through adverse possession. In the specific case under consideration, the appellants initiated a suit for a declaration of title and permanent injunction based on adverse possession. The appellant claimed continuous possession of the land from 1957 to 1981, acquired through a sale for a consideration less than Rs. 100, which, according to the plaintiff, did not require registration. Consequently, the plaintiff asserted ownership based on adverse possession. However, the defendant countered this claim by asserting that the sale deed could not be executed without his consent, as he was a co-sharer in the property. The trial court ruled in favor of the appellant, a decision upheld by the appellate court, maintaining the status quo. Subsequently, the respondents appealed to the High Court, which overturned the lower courts' decisions, arguing that the plea of adverse possession is only available to defendants, not plaintiffs. The High Court contended that the lower courts had based their decision solely on adverse possession, without sufficient justification or consideration of necessary ingredients. Therefore, the High Court concluded that a suit for declaration based on adverse possession is not maintainable for the plaintiff but is a plea available to the defendant against the plaintiff. The Supreme Court, upon reviewing the impugned judgment of the High Court, disagreed with the interpretation and ruled in favor of the plaintiff. The Court noted that the High Court's decision was solely based on the ground that a plea of adverse possession cannot be taken by the plaintiff. Rejecting this view, the Supreme Court set aside the High Court's judgment and allowed the civil appeals, reaffirming the plaintiff's right to pursue a declaration of title through adverse possession. The case details are from IDU THROUGH LRS. & ORS. Vs. NIZAM DIN (D) THROUGH LRS., with citation 2024 LiveLaw (SC) 82.