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Md. Mohammad Ali (Dead) By Lrs vs Sri Jagadish Kalita & Ors on 7 October, 2003

30. 'Animus possidendi' is one of the ingredients of adverse possession. Unless the person possessing the land has a requisite animus the period for prescription does not commence. As in the instant case, the appellant categorically states that his possession is not adverse as that of true owner, the logical corollary is that he did not have the requisite animus. (See Md. Mohammad Ali v. Jagdish Kalita [(2004) 1 SCC 271] .)"
Supreme Court of India Cites 8 - Cited by 229 - S B Sinha - Full Document

State Bar Council Of Chhattisgarh vs Commissioner Of Income Tax And Ors. 38 ... on 22 January, 2018

15. This Court in P. Lakshmi Reddy v. L. Lakshmi Reddy [AIR 1957 SC 314], while following the ratio of Debendra Lal Khan case [(1933-34) 61 IA 78 : AIR 1934 PC 23], observed as under : (P. Lakshmi Reddy case [AIR 1957 SC 314] , AIR p. 318, para 4) Signature Not Verified Signed by: PAWAN DHARKAR Signing time: 6/28/2025 5:03:58 PM NEUTRAL CITATION NO. 2025:MPHC-GWL:12945 5 SA No. 1693 of 2005 "4. ... But it is well-settled that in order to establish adverse possession of one co-heir as against another it is not enough to show that one out of them is in sole possession and enjoyment of the profits, of the properties. Ouster of the non-
Chattisgarh High Court Cites 0 - Cited by 14 - Full Document

S. M. Karim vs Mst. Bibi Sakina on 14 February, 1964

In S.M. Karim v. Bibi Sakina [AIR 1964 SC 1254], Hidayatullah, J. speaking for the Court observed as under : (AIR p. 1256, para 5) "5. ... Adverse possession must be adequate in continuity, in publicity and extent and a plea is required at the least to show when possession Signature Not Verified Signed by: PAWAN DHARKAR Signing time: 6/28/2025 5:03:58 PM NEUTRAL CITATION NO. 2025:MPHC-GWL:12945 6 SA No. 1693 of 2005 becomes adverse so that the starting point of limitation against the party affected can be found. There is no evidence here when possession became adverse, if it at all did, and a mere suggestion in the relief clause that there was an uninterrupted possession for 'several 12 years' or that the plaintiff had acquired 'an absolute title' was not enough to raise such a plea. Long possession is not necessarily adverse possession and the prayer clause is not a substitute for a plea."
Supreme Court of India Cites 4 - Cited by 382 - M Hidayatullah - Full Document

R. Chandevarappa Etc. Etc vs State Of Karnataka & Ors. Etc. Etc on 8 September, 1995

17. The facts of R. Chandevarappa v. State of Karnataka [(1995) 6 SCC 309] are similar to the case at hand. In this case, this Court observed as under : (SCC p. 314, para 11) "11. The question then is whether the appellant has perfected his title by adverse possession. It is seen that a contention was raised before the Assistant Commissioner that the appellant having remained in possession from 1968, he perfected his title by adverse possession. But the crucial facts to constitute adverse possession have not been pleaded. Admittedly the appellant came into possession by a derivative title from the original grantee. It is seen that the original grantee has no right to alienate the land. Therefore, having come into possession under colour of title from original grantee, if the appellant intends to plead adverse possession as against the State, he must disclaim his title and plead his hostile claim to the knowledge of the State and that the State had not taken any action thereon within the prescribed period. Thereby, the Signature Not Verified Signed by: PAWAN DHARKAR Signing time: 6/28/2025 5:03:58 PM NEUTRAL CITATION NO. 2025:MPHC-GWL:12945 7 SA No. 1693 of 2005 appellant's possession would become adverse. No such stand was taken nor evidence has been adduced in this behalf. The counsel in fairness, despite his research, is unable to bring to our notice any such plea having been taken by the appellant."
Supreme Court of India Cites 9 - Cited by 72 - K Ramaswamy - Full Document
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