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V.S.R. Mohan Rao v. K.S.R. Murthy & Ors.

Civil Appeal · 2025 INSC 708Decided 15 May 2025
C.A. No.-006879-006879 - 2025 (arising out of SLP(C) No. 12570/2025)
Justice Sudhanshu Dhulia · Justice K. Vinod Chandran

Background

The appellant had been residing on a plot of land since purchasing it under a registered sale deed dated 27.03.1997, but was accused before the Special Court under the Land Grabbing Act of illegally occupying 252 square yards belonging to the applicant, who claimed ownership of 555 square yards under a 1965 sale deed. The Special Court and the High Court both found the appellant to be a land grabber and ordered his eviction, prompting this appeal.

Decision Breakdown

The Supreme Court held that "land grabbing" under the Act has both a broad meaning (unauthorized, unfair, or greedy taking) and a narrow one (forcible or violent snatching), so proof of criminality or violence is not essential - only proof of unlawful intent to take possession. A court-appointed Commissioner's survey report showed the appellant's property actually fell within survey number 9 (the applicant's numbered plot) rather than survey number 10 (as described in the appellant's own sale deed), and the appellant's two earlier civil suits for injunction had both failed. The appellant's claim of title by adverse possession also failed because he offered no proof of when the disputed construction was actually built. The appeal was dismissed.

Lesson Learnt

A property owner cannot rely on adverse possession or an old sale deed to defend against a land-grabbing complaint if the survey number in that deed does not match the physical plot they actually occupy - buyers should always verify that the survey number on their title documents corresponds to the land they are physically occupying.

Official source (sci.gov.in)View Judgment (PDF)

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