Summary of Recent judgment

Case: IDU through LRS. & ORS. v. Nizam Din (D) through LRS

Date of Order / Judgment: 29th Jan 2024

The Matter Heard by Bench: Justice Pamidighantam Sri Narasimha & Justice Aravind Kumar


The appellants in the present case were the original plaintiffs in the civil suit for declaration of title and permanent injunction based on adverse possession to prevent the defendants from gaining forcible possession of the subject matter property in the suit. The plaintiff argued that from 1957 to 1981, he was in continuous possession of the subject land, which had been sold to him for less than Rs.100/- negating the need for sale deed registration. Thus, using adverse possession, he asserted his ownership of the subject land. Nonetheless, the defendant argued that, as a co- sharer in the property, the sale deed could not be executed in the plaintiff's favour without his consent. The appellants had filed a suit for title and injunction on the basis of two sale deeds and also pleaded adverse possession with respect to the suit property. The Trial Court as well as the Appellate Court has concurrently held that the appellant(s) was in adverse possession of the suit property. The second appeal filed by the respondents, before the High Court allowed the appeal on the ground that is, the plaintiff cannot maintain a suit for adverse possession and set aside the judgments of the Trial Court and appellate court. Aggrieved by the decision the appellants approached the Apex Court.


Can declaration of title be sought on basis of Adverse Possession?


The Supreme Court reversing the findings of the High Court, referred to the Judgment of Ravinder Kaur Grewal vs. Manjit Kaur observed that it is a settled position of law that a plaintiff can seek a declaration of title by adverse possession.


The Supreme Court set aside the Judgment of the High court and allowed the appeals.