ADVERSE POSSESSION

l No.	Title	Coram	Date of Judgement	Subject	HeadNotes
46	Mohd. Hussain (dead) by LRs & Ors Vs. Gopibai & Ors	Coram: Tarun Chatterjee , A.K. Mathur	19/02/2008	Abatement - Of second appeal - Death of one of respondent - No application for substitution of his heirs and LRs made even till signing of judgment - Plea of appellant that second appeal abated in its entirety on death of deceased respondent - Held:	Allowing the appeal, the Court HELD: 1. The mortgagor `H' had died on 19.11.1991. The application for substitution after setting aside abatement was filed by the appellants in the second appeal to bring on record the heirs and legal representative	Click here to see Subject, Head Notes, Citation and Judgement
47	Mohd. Hussain (dead) by LRs & Ors Vs. Occhavlal & Ors	Coram: A.K.Mathur , Tarun Chatterjee	19/02/2008	Abatement - Of second appeal - Death of one of respondent - No application for substitution of his heirs and LRs made even till signing of judgment - Plea of appellant that second appeal abated in its entirety on death of deceased respondent - Held:	Allowing the appeal, the Court HELD: 1. The mortgagor `H' had died on 19.11.1991. The application for substitution after setting aside abatement was filed by the appellants in the second appeal to bring on record the heirs and legal representative	Click here to see Subject, Head Notes, Citation and Judgement
48	SHAIKH ALI HOSSAIN & ORS. Vs. SK. SHOWKAT ALI & ANR.	Coram: TARUN CHATTERJEE, R.V. RAVEENDRAN	14/05/2008	Constitution of India, 1950 - Article 227- Dispute relating to extent of land possessed by the parties - Suit for declaration by respondent that appellant had no right in suit properties and application for injunction - Trial Court and First Appella	Differing on the interpretation of theSupreme Court's order dated 24.3.1995, HELD: BY THE COURT: In view of difference of opinion, the Registry is directed to place this matter before Hon'ble the Chief Justice of India for appropriate orders.	Click here to see Subject, Head Notes, Citation and Judgement
49	T.KALIAMUTHI AND ANR Vs. FIVE GORI THAIKAL WAKF AND ORS	Coram: A.K. MATHUR, TARUN CHATTERJEE	01/08/2008	Wakf Act, 1954 - Suit by Wakf for recovery of possession of Wakf properties and mesne profit - Held: Since period of limitation prescribed under the Limitation Act, 1908 has already expired before the commencement of the 1963 Act, hence in view of th	Allowing the appeals, the Court HELD: 1. The three courts below have recorded concurrent finding of fact that the suit properties were Wakf properties, and nothing has been brought before this Court to show that the said findings of fact were eith	Click here to see Subject, Head Notes, Citation and Judgement
50	KURELLA NAGA DRUVA VYDAYA BHASKARA RAO Vs. GALLA JANI KAMMA ALIAS NACHARAMMA	Coram: R.V. RAVEENDRAN, LOKESHWAR SINGH PANTA	04/08/2008	Code of Civil Procedure, 1908 - Suit in civil court for recovery of possession of agricultural land - Maintainability of - Held: Maintainable as neither plaintiff nor defendant claimed or admitted that there was relationship of landlord and agricultu	Dismissing the appeal, the Court HELD: 1.1. Section 13 of Andhra Pradesh (Andhra Areas) Tenancy Act, 1956 requires an application to be made to the Special Officer under the Act only when a landlord wants to terminate the tenancy and evict his cul	Click here to see Subject, Head Notes, Citation and Judgement
51	HEMAJI WAGHAJI JAT Vs. BHIKHABHAI KHENGARBHAI HARIJAN & ORS.	Coram: DALVEER BHANDARI, HARJIT SINGH BEDI	23/09/2008	Land grabbing/Transfer of Property Act: Adverse possession - Suit for declaration of permanent injunction to declare appellant as lawful owner and occupier in respect of lands in question - Allowed by trial Court holding the appellant lawful owner	Dismissing the appeal, the Court HELD: 1.1 The first appellate court and the High Court have clearly held that the appellant has failed to establish his title over the suit property. The appellant also failed to establish that he has perfected his	Click here to see Subject, Head Notes, Citation and Judgement
52	BHAGWAN SARUP NAGAR(D) BY LRS Vs. RAM KISHAN	Coram: ARIJIT PASAYAT, MUKUNDAKAM SHARMA	16/01/2009	Code of Civil Procedure, 1908 - s. 100 - Second appeal - Case of plaintiff- owner that defendant-licensee not vacating property despite revocation of licence - Suit for injunction, possession of property and mesne profits by plaintiff - Plea of ad	On appeal held: Conclusions of High Court erroneous - It proceeded as if first appellate court reversed findings as regard ownership and trial court did not consider the documents - Hence, matter remitted to High Court for afresh decision. CIVI	Click here to see Subject, Head Notes, Citation and Judgement
53	KAUSALYABAI @ AKKABAI Vs. HARISHCHANDRA MUNNALAL GUPTA	Coram: S.B. SINHA, MUKUNDAKAM SHARMA	03/03/2009	Code of Civil Procedure, 1908: s. 100 - Second appeal - High Court dismissing second appeal in limine - HELD: Suit for recovery of possession based on grant of permanent lease which grant by subsequent events could not attain finality, High Cour	Allowing the appeal and remitting the matter to the High Court, the Court HELD: The plaintiff-respondent in the suit proceeded on the basis that he had title over the suit property by reason of the grant of permanent lease in terms of the order	Click here to see Subject, Head Notes, Citation and Judgement
54	V. LAXMINARASAMMA Vs. A. YADAIAH (DEAD) AND ORS.	Coram: S.B. SINHA, ASOK KUMAR GANGULY, R.M. LODHA	03/03/2009	Andhra Pradesh Land Grabbing (Prohibition) Act, 1982: Special Tribunal and/or Special Court constituted under the Act - Determination of question of adverse possession - Whether would come within the purview of its jurisdiction - Two conflicting	Answering the reference, the Court HELD: 1.1. The Tribunal/Special Court constituted under the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 has the requisite jurisdiction to go into the question of adverse possession. [Para 19] [1058-G-H	Click here to see Subject, Head Notes, Citation and Judgement
55	VISHWANATH BAPURAO SABALE Vs. SHALINIBAI NAGAPPA SABALE & ORS.	Coram: S.B. SINHA, MUKUNDAKAM SHARMA	23/03/2009	Suit for declaration - Predecessors-in-interest of parties being brothers - Owned joint and self acquired properties - Father of defendant executed registered sale deed selling his share in joint properties and his self acquired properties to plai	Dismissing the appeals, the Court HELD: 1.1. All the four deeds executed on 2-07-1955 were registered documents. They carried a presumption of valid execution. There was no proof to show that the said documents were sham or nominal. The courts	Click here to see Subject, Head Notes, Citation and Judgement
56	OM PRAKASH SINGH Vs. M.LINGAMAIAH & ORS.	Coram: S.B. SINHA, MUKUNDAKAM SHARMA	15/04/2009	ANDHRA PRADESH LAND GRABBING (PROHIBITION) ACT, 1982: s.2(e) and 7-A - `Land grabbing' - Jurisdiction of Special Court/Special Tribunal - Application seeking possession of land and alleging execution of fabricated/fraudulent sale deeds - Held: T	Dismissing the appeal, the Court HELD: 1.1. Section 7A of the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 provides for the powers of the Special Tribunal. The first proviso appended thereto empowers the Special Court to reject a case b	Click here to see Subject, Head Notes, Citation and Judgement
57	L.N. ASWATHAMA AND ANR. Vs. P. PRAKASH	Coram: R.V. RAVEENDRAN, HARJIT SINGH BEDI	21/04/2009	SUIT: Suit for declaration of title, possession, permanent injunction and mesne projects - Plaintiffs came to know of the property only when they cleared the bank loan taken by their father mortgaging the property - Plaintiffs claimed that defe	Allowing the appeal, the Court HELD : 1. The High Court has neither discussed the evidence relating to identity of the suit property nor held that the trial court's finding that plaintiffs have established their title and ide	Click here to see Subject, Head Notes, Citation and Judgement
58	PRAGYA CHANDRAKAR & ORS. Vs. STATE OF CHHATTISGARH & ORS.	Coram: K.G. BALAKRISHNAN, ASOK KUMAR GANGULY	27/04/2009	Code of Civil Procedure, 1908: s.100 - Second appeal - High court dismissed second appeal holding there was no specific plea of adverse possession in the plaint - Bare reading of averments shows this to be factually incorrect - Matter remitted to	Allowing the appeal and remitting the matter to the High Court for consideration afresh, the Court HELD: 1. A bare reading of the averments shows that the conclusions of the High Court that there are no specific pleas relating to adverse possess	Click here to see Subject, Head Notes, Citation and Judgement
59	V. LAXMINARASAMMA Vs. A. YADAIAH (DEAD) AND ORS.	Coram: ARIJIT PASAYAT, ASOK KUMAR GANGULY	29/04/2009	Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 - Tribunal / Special Court constituted under the Act - Jurisdiction of, to go into question of adverse possession - Conclusion of Special Court to be operative.	Konda Lakshmana Bapuji Vs. Government of Andhra Pradesh & Ors. (2002) 3 SCC 258 and N. Srinivasa Rao Vs. Special Court under the A.P. Land Grabbing (Prohibition) Act & Ors. 2006 (4) SCC 214 - referred to. Case Law Reference (2002) 3 SCC 258	Click here to see Subject, Head Notes, Citation and Judgement
60	BONDER & ANR. Vs. HEM SINGH(DEAD)BYL.RS.& ORS	Coram: DALVEER BHANDARI, MUKUNDAKAM SHARMA	15/05/2009	Suit: Suit for possession and mesne profits - One brother entrusting his share of property in land and house to another brother of looking after the property and also to give him the usufructs/income therefrom - On demand, the other brother ref	Allowing the appeal, the Court HELD: 1.1. The High Court erroneously set aside the concurrent findings of facts of the two well reasoned judgments of the courts below. [Para 15] [417-C] 1.2. The High Court has not examined the pleadings of th	Click here to see Subject, Head Notes, Citation and Judgement
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