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Vadiyala Prabhakar Rao v. The Government of AP: Title is Not Proved by Revenue Entries; Title Claims are Investigated by Civil Courts, Not by High Courts
The mere acceptance of municipal or agricultural taxes, or the granting of a bank loan based on these records, does not stop the State from challenging the ownership of the land. Saji Koduvath, Advocate, Kottayam In Vadiyala Prabhakar Rao v. The Government of Andhra Pradesh (Pankaj Mithal, S.V.N. Bhatti, JJ.), 2026 INSC 450, the Supreme…
Gratuitous Possession – Owner can Reclaim Even Without Knowledge of the Other
Jojy George Koduvath Gratuitous Possession – Owner can Reclaim Even Without Knowledge of the Other: In Anima Mallick v. Ajoy Kumar Roy, (2000) 4 SCC 119, our Apex Court held that where the sister gave possession as gratuitous to her brother, the sister could reclaim such possession even without knowledge of the brother; and that…
Suit on Possessory Remedy, Other side Admits Possession; Should the Will be Proved?
Jojy George Koduvath Suit on Possessory Remedy, Other side Admits Possession; Should the Will be Proved? No. Because proving the Will will be a surplusage. Read also: Possession is a Substantive Right: Possession by itself is a substantive right recognised by law. It is heritable and transferable, as explained in the following decisions – Possession Follows Title and Adverse Possession:…
Dharmendra Kalra v. Kulvinder Singh Bhatia: Striking off defence under Order XV Rule 5 CPC (U.P. Amendment): Consequence is Drastic; Mere Denial of the Landlord–Tenant Relationship Not Absolve Tenant from the Statutory Obligation to Deposit Rent
Saji Koduvath, Advocate, Kottayam Order XV Rule 5 CPC (U.P. Amendment) The Rule 5 (U.P. Amendment) reads as under: 5. Striking off defence on failure to deposit admitted rent, etc. Order XV Rule 5 (U.P. Amendment) Anabysed Order XV Rule 5 (U.P. Amendment) applies in a suit for: Dharmendra Kalra v. Kulvinder Singh Bhatia Supreme…
Alpha Corp Development Private Limited v. Greater Noida Industrial Development: Findings on Lifting Corporate Veil of Companies and Subsidiary Companies
Jojy George Koduvath In Alpha Corp Development Private Limited v. Greater Noida Industrial Development (Sanjay Kumar Alok Aradhe, JJ.), 2026 INSC 449, the Supreme Court of India considered – Lifting Corporate Veil of Companies and Subsidiary Companies. Findings on Lifting Corporate Veil, in a Nutshell The relevant paragraphs are 53 to 56. They read as…
Dispossession and Knowledge: Essential Requirements of Adverse Possession
Though these requirements are are not expressly spelt out in Article 65 of the Limitation Act, as well as in the maxim nec vi, nec clam, nec precario, they are implicit in this Article and in this maxim. Saji Koduvath, Advocate, Kottayam. Abstract Two distinctive and interrelated key elements are emphasised in the law of…
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?
Read also: Does Registration of a Document give Notice to the Whole World? 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…
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…
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