period sufficient under the law of limitation to give him a prescriptive title or where such period is less than thirty years, for a period
appellant laid the suit for declaration of
prescriptive title to the property from 1974 in his own
right and perfected the title thereto by adverse
Mahadeo Nathuji Patil vs Surjabai Khushalchand Lakkad And Ors. on 2 November, 1993
Equivalent citations
favour of the defendant; the defendant also alternatively acquired prescriptive title over the suit property by ouster by virtue of his long enjoyment; the earlier
past 30 years. The plaintiff also claimed that he has acquired prescriptive title to the suit properties. According to the plaintiff the defendant ... properties and at the same time would say he has got title by prescription, since he has been enjoying for long years by paying kist
more than 12
years, it must be held to have acquired title by prescription.
14. Respondent No. 3 was admittedly the owner of the property ... alone, the burden is
not discharged. A title is not created.
29. A claim of title by prescription by Respondent No. 1 again
period sufficient under the law of limitation to give him a prescriptive title or where such period is less than thirty years, (for a period
possession even after the declamatory decree he may nevertheless acquire prescriptive title. Mr. Aggarwal has relied on the Bombay case but, with the utmost respect ... obey merely delaying the final disposal of the suit perfect his title by prescription. But even if the Calcutta view is to be followed
initially acquired only a
voidable title in such granted lands had
perfected his title in the granted lands by
prescription by long and continuous enjoyment ... initially acquired only
a voidable title, in such granted lands had perfected his
title in the granted lands by prescription by long and
continuous enjoyment
view it took that the
Appellant has not established prescriptive title to the property?”
Later, the following additional substantial question of law was also
formulated