01 Sep 2019
A Plaintiff Can Claim Title To The Property Based On Adverse Possession
Krishnamurthy S. Setlur (D) vs. O. V. Narasimha Setty (D)]?
CIVIL APPEAL NO. 6111 OF 2009, Supreme Court of India
?In appeal [Krishnamurthy S. Setlur (D) vs. O. V. Narasimha Setty (D)], the bench comprising Justice Deepak Gupta and Justice Aniruddha Bose, perusing the revenue records, observed that it shows that from 1963, the plaintiff had been shown to be in possession. It said:
"This possession was adverse to the true owner. It was openly hostile to the claim of HR and his legal representatives and they never filed a suit for possession of the property. Once it is held that KS was in possession of the suit property, the consequence will be that he is in adverse possession"