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Showing contexts for: monuments act in Moinuddin S/O Abdul Raheman Sab vs Chandrappa S/O Bheemsha Pujari Anr on 29 August, 2023Matching Fragments
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NC: 2023:KHC-K:6834 plea of adverse possession is not available to the appellant."
13. As we have already found, the respondent obtained title under the provisions of the Ancient Monuments Act. The element of the respondent's possession of the suit property to the exclusion of the appellant with the animus to possess it is not specifically pleaded and proved. So are the aspects of earlier title of the appellant or the point of time of disposition. Consequently, the alternative plea of adverse possession by the respondent is unsustainable. The High Court ought not to have found the case in their favour on this ground."