Supreme Court of India · 1954-04-15
WUNTAKAL YALPI CHENABASAVANA GOWD vs RAO BAHADUR Y. MAHABALESHWARAPPA AND ANOTHER.
- Citation / case number
- SC 1953/1445
- Court
- Supreme Court of India
- Petitioner
- WUNTAKAL YALPI CHENABASAVANA GOWD
- Respondent
- RAO BAHADUR Y. MAHABALESHWARAPPA AND ANOTHER.
- Bench
- MUKHERJEA, B.K.
Judgment text excerpt
The Supreme Court held that once a co-sharer's possession becomes adverse due to ouster, the mere assertion of joint title by the dispossessed co-sharer does not interrupt the running of adverse possession. The dispossessed co-sharer must actively re-enter or resume possession to break the exclusive possession of the other co-sharer. The Court clarified that a mental act of acknowledgment by the dispossessed co-sharer, without any change in possession, does not affect the continuity of adverse possession of the dispossessor.