Mohammed Yassin v. Ramizabi & Ors. etc.
Background
Several co-owners of a property had earlier sued to claim title by adverse possession, and lost. The winning co-owner's successor (Mohammed Yassin) later bought the remaining co-owners' rights and sued the occupants for eviction and for title. The trial court and first appellate court decreed his suits, but the High Court reversed them on the view that the occupants' possession had turned hostile after 1984, so that their claim had matured by adverse possession.
Decision Breakdown
The Supreme Court allowed the appeals and set aside the High Court's orders, restoring the decrees of the trial court and first appellate court. It found no material showing that the occupants' original permissive possession became hostile after 30 March 1984. One occupant was in fact a tenant under the plaintiff, and the High Court had not properly considered the title question, which the occupants did not challenge on appeal. The contempt petitions were closed.
Lesson Learnt
Possession that began with permission, as a licensee or a tenant, does not become ownership merely because the occupant later says the permission ended. A claim of adverse possession has to be proved with evidence that the possession was actually hostile to the owner.