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Civil Property & InheritanceSupreme Court of India

Dagadabai (Dead) by L.Rs. v. Abbas @ Gulab Rustum Pinjari

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 83 of 2008)Decided 18 Apr 2017
Civil Appeal No. 83 of 2008
Justice R.K. Agrawal · Justice Abhay Manohar Sapre

Background

Dagadabai, the only daughter of one Rustum (a Muslim who died intestate owning agricultural land in Jalgaon district, Maharashtra), inherited the land as his sole heir and sued the respondent, who was in possession of it, for a decree of possession based on her title. The respondent denied her claim, asserting that he was Rustum's adopted son and had inherited the land himself, and alternatively claimed ownership by adverse possession. The trial court and first appellate court both decreed in Dagadabai's favour, but the Bombay High Court (Aurangabad Bench), in a second appeal, reversed these concurrent findings and dismissed her suit, leading to this further appeal by her legal representatives.

Decision Breakdown

The Supreme Court held that Mohammadan law does not recognize adoption, so the respondent's claim to be Rustum's adopted son and heir could not succeed. It further held that a plea of adverse possession requires the claimant to first implicitly admit the true owner's title and then prove actual, peaceful, continuous and hostile possession for over 12 years to the knowledge of the true owner, since the respondent never admitted Dagadabai's ownership and instead claimed title of his own (as an adopted son), he could not simultaneously fall back on adverse possession against her. Finding the High Court's reversal of the concurrent findings of the courts below to be legally unsustainable, the Supreme Court set aside the High Court's judgment and restored the decree of the trial court and first appellate court in Dagadabai's favour.

Lesson Learnt

A person cannot claim ownership of property on one ground (such as being an heir) and, having failed to prove that, fall back on adverse possession without first admitting the true owner's title: the two claims are legally inconsistent, and under Mohammadan law there is no concept of adoption conferring inheritance rights.

Dagadabai (Dead) by L.Rs. v. Abbas @ Gulab Rustum Pinjari – Legal Case Shots | LegalAware