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Civil Property & InheritanceSupreme Court of India

Nanjegowda @ Gowda (D) by LRs & Anr. v. Ramegowda

Civil Appeal · 2017 INSC 1165Decided 4 Dec 2017
Civil Appeal No. 7089 of 2010
Justice Abhay Manohar Sapre · Justice Navin Sinha

Background

Two first cousins from one family litigated over a small parcel of agricultural land in Karnataka, each side tracing their claim to an alleged 1935 oral family partition. The plaintiff (respondent here) sued for a declaration of title and an injunction; the defendants (appellants) admitted the family relationship and the 1935 partition but set up a 1940 Release Deed, certain revenue-record mutation entries, and a claim of adverse possession to justify their own continued possession. The trial court decreed in the plaintiff's favour, the first appellate court reversed, and the High Court's second appeal then restored the trial court's decree, leading to this further appeal to the Supreme Court.

Decision Breakdown

The Supreme Court dismissed the appeal, holding there was no legal infirmity in the High Court's restoration of the trial court's findings. It held that no adverse possession claim can succeed between members of the same family absent the requisite "animus" to possess hostilely, since the land was being held under family arrangements. The 1940 Release Deed was found (as a matter of fact, by lower courts) to relate to different property, and the revenue entries alone, without independent documentary title, could not establish ownership. The Court reiterated that it will not re-appreciate pure findings of fact under Article 136 and found the appellants had no case even on independent examination.

Lesson Learnt

A family member cannot claim land by "adverse possession" against relatives while living under an acknowledged family partition: courts require clear hostile intent, not just long possession, and the Supreme Court will rarely disturb concurrent factual findings on appeal.

Nanjegowda @ Gowda (D) by LRs & Anr. v. Ramegowda – Legal Case Shots | LegalAware