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Adverse Possession: Requirements of (i) Dispossession and (ii) Knowledge
These Requirements are Not Expressly Stated in Article 65 Limitation Act, or in ‘Nec Vi, Nec Clam, Nec Precario’ Saji Koduvath, Advocate, Kottayam. Abstract The law of adverse possession in India emphasises two distinctive and interrelated key elements: These elements of ‘dispossession‘ and the true owner’s knowledge are not expressly stated either in Article 65…
Adverse Possession: Legal Principles and Classic Cases in the UK and the US
Saji Koduvath, Advocate, Kottayam Adverse Possession, Indian Law Require – (i) Dispossession and (ii) Knowledge 1. Article 65 of the Limitation Act, 1963, lays down the period of limitation for adverse possession as 12 years. It reads as under: 65. For possession of immovable property or any interest therein based on title. 12 years When the possession of…
Adverse Possession: Should Unobstructed Possession Subsist for 12 Years Immediately Preceding the Suit?
Jojy George Koduvath Should Unobstructed Possession Subsist for 12 Years Immediately Preceding the Suit? Where adverse possession has already ripened into title (by continuous, open, and peaceable possession for a period of 12 years), it is not necessary that such unobstructed possession should subsist for the 12 years immediately preceding the suit. Subsequent disturbance or…
Is Registration of a Deed, Notice to Government and Public so as to Attract Adverse Possession?
Saji Koduvath, Advocate, Kottayam. Is Registration of a Deed, Notice to Government and General Public? No. The duty of a Sub-Registrar is ministerial and administrative. For the above, it cannot be said – the Sub Registrar receives or accepts notice on behalf of the Government. Is Registration of a Deed, ‘Notice’ to Invite Adverse Possession …
Shanti Devi v. Jagan Devi, 2025 INSC 1105; Accamma Sam Jacob v. The State of Karnataka, 2026 INSC 362)
Fraudulent or Void Transaction: Is ‘Declaration’ Required? The Supreme Court Says No Saji Koduvath, Advocate, Kottayam. A Seeming Conflict Between Two Decisions In the earlier decision in Hussain Ahmed Choudhury v. Habibur Rahman, 2025 SCC OnLine SC 892 (J.B. Pardiwala, R. Mahadevan JJ.), it was clearly opined, as regards an assailed instrument,as under: However, in the subsequent decision in Shanti Devi…
Maurice W. Innis v. Lily Kazrooni – Executing Court Executes Decree as it Stands, Without any Modification. It cannot Go Beyond or Vary its Term
Saji Koduvath, Advocate, Kottayam. S. 47 CPC Deals with – Questions to be Determined by the Executing Court The executing court executes a decree: Section 47 of Code of Civil Procedure provides – ‘all questions arising between the parties’ and relating to the execution are to be determined by the Executing Court. Section 47, CPC, reads as…
Channappa v. Parvatewwa Critically Analysed: Suit Dismissed for Order II Rule 2 Bar and Constructive Res Judicata – For No ‘Consequential Declaration’ on Title, in the Earlier Suit
Saji Koduvath, Advocate, Kottayam. Points Decided in Channappa v. Parvatewwa, 2026 INSC 343 1. Adverse IA Orders can be challenged in Appeal from Decree: Once an Order is passed in an Interlocutory Application in a suit, it stands as res judicata at its subsequent stages, including the appeal, revision, etc. 2. Order II Rule 2,…
Applicability of Res Judicata on IA Orders (at Different Stages of the Same Suit)
Jojy George Koduvath Abstract IA Orders are Conclusive Determination of the Issue Raised In Satyadhyan Ghosal v. Deorajin Debi, AIR 1960 SC 941, it was observed as under: In Hope Plantations Ltd. v. Taluk Land Board, Peermade, 1999 (5) SCC 590, it was held that if an issue has been decided at an earlier stage…
M.V. Ramachandrasa v. Mahendra Watch Company, 2026 INSC 348: Decision on Subletting Without Consent of Landlord
Jojy George Koduvath In M.V. Ramachandrasa v. Mahendra Watch Company, 2026 INSC 348, the Supreme Court of India (Ahsanuddin Amanullah, R. Mahadevan, JJ.), considered two questions of substantial importance. ‘No’ was the answer given by the Apex Court in the first question. The findings, on eviction on the ground ‘sub-letting’, in a nutshell, is that…
Illegal, Mistaken or Fraudulent Registration of Deed, and Subsequent Mutation: No Adverse Possession
Adverse Possession is the Denial of Title of the True Owner. Mistaken or Fraudulent Possession will Not be ‘Adverse’. Jojy George Koduvath Abstract Illegal, mistaken or fraudulent registration of a deed, and subsequent mutation will not perfect adverse possession. Because, Also Read: How to Plead Adverse Possession? Adverse Possession: An Evolving Concept. Part I Adverse Possession: When…
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