LI Network
Published on: February 4, 2024 at 11:30 IST
The Supreme Court has recently emphasized that a plaintiff has the right to file a suit for the declaration of title based on the grounds of adverse possession.
In a ruling that overturned the High Court’s findings, Justices P.S. Narasimha and Aravind Kumar referred to the precedent set in the case of Ravinder Kaur Grewal vs. Manjit Kaur, affirming that seeking a title declaration through adverse possession is a well-established legal position.
The appellants, who originally filed the suit for declaration of title and permanent injunction based on adverse possession, aimed to restrain the defendants from forcefully acquiring the subject land.
The plaintiff asserted continuous possession of the land from 1957 to 1981, acquired through a sale for a consideration below Rs. 100, for which registration of sale deeds was deemed unnecessary. The claim to ownership was rooted in adverse possession.
In response, the defendants argued that the sale deed could not be executed in favor of the plaintiff without their consent, as they were co-sharers in the property.
The trial Court decreed the suit in favor of the appellants, a decision upheld by the appellate Court, maintaining the status quo. However, the High Court, in the second appeal, set aside the judgments of the lower Courts, contending that the plea of adverse possession is only available to the defendant and not the plaintiff.
The High Court’s rationale was that the plaintiff’s suit, solely relying on adverse possession, lacked justifiable reasons, and the plea of adverse possession is applicable to the defendant against the plaintiff. Consequently, the High Court dismissed the suit, prompting the appellant plaintiff to challenge the decision in a civil appeal before the Supreme Court.
The Supreme Court, upon reviewing the High Court’s judgment, disagreed with its interpretation and allowed the civil appeals, setting aside the impugned judgment and order. The Court reaffirmed the principle established in the Ravinder Kaur Grewal case and emphasized the plaintiff’s right to seek a title declaration through adverse possession.
Case Details: IDU THROUGH LRS. & ORS. Vs. NIZAM DIN (D) THROUGH LRS.