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Lalji Kushwaha & Anr vs Rajesh Narain Sharma on 22 August, 2022 Author: C. Hari

permissive possession or perfected their title by way of adverse possession is to be looked into. Where as in the present case on hand ... decisions and present facts of the case on hand are entirely different. Because plaintiffs have failed to prove that they have perfected their title over

right of the objectors to continue in possession of the suit property by dint of perfection of their titled by adverse possession, the learned Civil ... long period of time. Mere continuous possession, he observed, did not ripen into title, or entitle the possessor to continue to remain in possession

recovery of possession only when the jural relationship of landlord and tenant continues to exist without interference of any situation e.g. the lessor remained ... present case in view of the fact that the title of the defendant no. 1 over the suit property has been perfected by adverse possession

Judgments, the plea of adverse possession raised by the plaintiffs in the present suit falls shy of the said requirements. As noted above, while ... plaint, the plaintiffs in O.S.No.27/2021 claimed to have perfected their title in view of them being in possession of the property

present case, the defendant had filed a suit for a declaration that he had perfected his title to the suit property by adverse possession ... usufructual mortgage is concerned, the right to redeem has been held to continue till the mortgage money is paid for which there is no time

leaving the past behind, let's return back to present case. It is also an admitted fact that after enforcement of M.P. Land ... case that he has perfected his title/ownership of the suit land by adverse possession. 16. In the present case, the appellant/plaintiff had proved Panchshala

taken possession of it and used it shall continue to use it." 18. In a case of adverse possession of land, two aspects ... important. Firstly, the nature of possession of land should be exclusive, continuous, uninterrupted and it should be actual physical possession and not merely constructive possession

suit property openly and continuously without any obstruction by the plaintiff for more than 12 years, as such they have perfected their title ... more than 12 years openly, continuously as of right to the knowledge of plaintiff and they have perfected their title to the suit property

circumstances, the contention of the plaintiffs that they are in continuous possession of the suit properties even after the Court auction sale cannot be accepted ... same observations made by both the Courts below again in the present second appeal. Page 12 of 18 https://www.mhc.tn.gov.in/judis