Legal principles
governing suits for declaration of tile and injunction against Government filed
by persons, with respect to the title over the immovable properties on the
ground of adverse possessions.
The Hon’ble Supreme Court in R.Hanumaiah
& another V Secretary to Government of Karnataka, Revenue Department and
others1, had provided simple guidelines to be followed
by Civil Courts in a suit for declaration of title and injunction against the
Government on the ground of adverse possessions.
The apex court held that a Court should necessarily seek an answer
to the following question, before it grants a decree declaring title against
the Government:
(1) Whether the
Plaintiff has produced title deeds tracing the title for a period of more than
thirty years; or
(2) Whether the
Plaintiff has established his adverse possessions to the knowledge of the
Government for a period of more than thirty years, so as to convert his
possession into title. Incidental to this Court should also find
(3) Whether the
Plaintiff is recorded to be the owner of holder or occupant of the property in
the revenue records or municipal records, for more than thirty years and what
is the nature of the possession claimed.
In
order to oust or defeat the title of the Government, a claimant has to
establish:
(1) A clear title
which is superior to or better than the title of the Government or establish
perfection of title by adverse possession for a period of more than thirty
years with the knowledge of the Government.
(2) To claim adverse
possession, the possession of the claimant must be actual, open and visible,
hostile to the owner (and therefore necessarily with the knowledge of the
owner) and continued during the entire period necessary to create a bar under the
law of limitation.
(3) Claim based on
adverse possession requires clear and categorical pleadings and evidence, much
more so, if it is against the Government.
0 comments:
Post a Comment