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Civil Property & InheritanceSupreme Court of India

Mallikarjunaiah v. Nanjaiah & Ors.

Civil Appeal · 2019 INSC 578Decided 26 Apr 2019
Civil Appeal No. 7768 of 2011
Justice Abhay Manohar Sapre · Justice Dinesh Maheshwari

Background

The appellant (plaintiff) owned land in Karagund village, Karnataka, that he received through a family partition in 1980. In 1983 he discovered that a small portion of his land (1 Guntas in Survey No. 17/3) had been encroached upon by the respondents (defendants); the dispute was initially resolved through a local Panchayat, which restored possession to him. In 1992, after the respondents again disputed his ownership, the appellant filed a civil suit seeking declaration of title and injunction (or alternatively possession) over the land, but both the trial court and the Karnataka High Court ultimately held that the respondents had perfected title over the disputed strip by adverse possession.

Decision Breakdown

The Supreme Court held that the courts below erred in finding adverse possession in the respondents' favour. It reasoned that the appellant only acquired "knowledge" of the encroachment in 1983 when he had the land formally measured by the revenue department, and he filed his suit in 1992, well within the 12-year limitation period for adverse possession claims, counted from the date of knowledge. There was also no evidence that the respondents had asserted hostile, exclusive possession to the appellant's knowledge before 1983. Since the 12-year period had not run before suit was filed, the plea of adverse possession was not available to the respondents at all, regardless of how long they may have occupied the land prior to 1983 (such possession not being "hostile" or to the knowledge of the true owner). The Court therefore allowed the appeal, set aside the High Court's judgment, decreed the suit in the appellant's favour in its entirety, and gave the respondents three months to vacate and hand over possession.

Lesson Learnt

A claim of adverse possession requires open, hostile, and exclusive possession running for the full 12-year statutory period counted from the true owner's date of knowledge of the encroachment: mere long-standing occupation before that date of knowledge does not count toward extinguishing the owner's title.

Mallikarjunaiah v. Nanjaiah & Ors. – Legal Case Shots | LegalAware