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Mere Long Period Of Possession Does Not Translate Into Right Of Adverse Possession: Supreme Court

Team SoOLEGAL 17 Aug 2023 4:00pm

Mere Long Period Of Possession Does Not Translate Into Right Of Adverse Possession: Supreme Court

New Delhi: In a land dispute case, the Supreme Court observed that merely a longer period of possession does not provide the right to adverse possession.

The Court was hearing an appeal against a Kerala High Court judgment in which the findings returned in the First Appeal by the District Judge were overturned and the land in dispute was declared to be rightfully belonging to the respondents by virtue of principle of adverse possession.

The two-judge Bench of Justices Abhay S. Oka and Sanjay Karol ruled that “an estimation of age of the trees cannot be, by any stretch, termed as sufficient proof required to disturb the title that undisputedly rests with the Government as also testified by PW-1 and PW-2. Proper and concrete proof as required would need for the claimants to show some proof of possession, other than statements which may be vague. It is also clear from the above discussion that merely a long period of possession, does not translate into the right of adverse possession.”

The Bench stated that assumptions, conjectures, and approximations cannot be used to take away the right over land resting with the State and place the said bundle of rights in the hands of someone who does not have any such rights. 



Tagged: Possession  
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