adverse possession Archives

“Senior citizens have right to peaceful living”; MP High Court upholds Son-in-Law’s eviction from Father-in-Law’s property

The right to peaceful and secure living environment for father-in-law under Maintenance and Welfare of Parents and Senior Citizens Act outweighed the son-in-law’s legal ownership or adverse possession claims.

Case Briefs Supreme Court

Limitation period for adverse possession commences when possession becomes adverse, not upon plaintiff’s acquisition of ownership: Supreme Court reaffirms

“The evidence on the part of the appellants would reveal that instead of establishing ‘animus possidendi’ under hostile colour of title, they have tendered evidence indicating only permissive possession and at the same time failed to establish the time from which it was converted to adverse to the title of the respondent which is open and continuous for the prescriptive period.”

Cases Reported High Court Cases

CASES REPORTED IN HCC | Case Laws on Specific Performance of Contract; E-Way Bill; Condonation of Delay; Adverse Possession; IPR; and more

An update on new additions of case laws to SCC’s High Court Cases volume.

Case Briefs High Courts

‘No material to formulate any substantial question of law’; Tripura HC dismisses appeal filed u/S 100 of CPC

‘The contention that the appeal is not maintainable under Section 100 of CPC cannot be accepted, rather the appeal filed by appellant is maintainable before the Court as the order of Additional District Judge is a decree.

Case Briefs High Courts

Issue of limitation cannot be decided without recording of evidence, once it becomes a mixed question of law and fact: Delhi High Court upholds Trial Court’s dismissal of Order 7 Rule 11

Delhi High Court held that the dismissal of the petitioner’s application under Order VII Rule 11 CPC was warranted, emphasizing the need to focus solely on the allegations in the plaint at the preliminary stage because the issues regarding limitation and adverse possession required further evidence and examination, which could not be resolved without a full trial.

Cases Reported Never Reported Judgments

Never Reported Judgment | Claim of adverse possession cannot be sustained on basis of discontinuous and irregular acts [(1952) 2 SCC 468]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on claim of adverse possession.

Cases Reported Never Reported Judgments

Never Reported Judgment | Can property acquired through invalid adoption be considered joint family property? [1951 SCC 557]

This report covers the Supreme Court's Never Reported Judgment dating back to the year 1951 on whether the property acquired through invalid adoption, will be considered as joint family property.

Hot Off The Press News

Law Commission recommends not to change Law on Adverse Possession

Law on adverse possession in its current form ensures that there is always an owner to contentious land. This is precisely the reason why the law validates the claim of adverse possession made by the squatter only when the owner can be shown to have lost effective authority.