VidhiSangh

Supreme Court of India · 26/04/2019

MALLIKARJUNAIAH versus NANJAIAH & ORS.

[2019] 6 S.C.R. 1073 · 2019 INSC 578

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Summary

The defendants failed to prove adverse possession over a one-gunta encroachment belonging to their brother/co-owner. Long possession alone did not establish open, exclusive and hostile ownership asserted to the true owner’s knowledge. Neither side knew the exact extent held until a 1983 survey, and the owner sued in 1992. No qualifying hostile possession for twelve years was established. The Supreme Court decreed the suit and ordered possession restored within three months.

Issues

  1. Whether the defendants proved title by adverse possession over the encroached land.
  2. Whether possession among related co-owners and the survey chronology supported the required hostility and duration.

Held

Result

Appeal allowed. Impugned judgment set aside and plaintiff’s suit decreed in its entirety. Defendants granted three months to vacate the one-gunta encroachment in Sy.No.17/3 and deliver possession to the plaintiff.

Judgment PDF: Supreme Court of India, [2019] 6 S.C.R. 1073.