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1 - 4 of 4 (0.30 seconds)Achal Reddi vs Ramakrishna Reddiar And Ors on 17 November, 1989
6. Hon'ble the Supreme Court in the matter of Achal Reddy
vs. Ram Krishna Reddiar, ported in (1994) 4 SC 706, held
that "adverse possession implies that it commenced in wrong
and is maintained against right. When commencement and
continuance of possession is legal and proper, referable to a
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contract, it cannot be adverse". If property is owned by Jasoda
Bai, then it has to be established that Sahodara Bai was in
possession of the land against title of Jasoda Bai. No document
showing probability of ownership of Jasoda Bai in the said land
is produced before the trial Court and there is nothing on record
except bald statement that Sahodara Bai was in continuous
uninterrupted possession of the land against right of true owner,
therefore, the trial court is right in holding that Sahodara Bai did
not acquire title over the property on the basis of adverse
possession.
Article 65 in Constitution of India [Constitution]
Section 96 in The Code of Civil Procedure, 1908 [Entire Act]
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