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september 2008

Supreme Court of India · 2008-09-23

HEMAJI WAGHAJI JAT vs BHIKHABHAI KHENGARBHAI HARIJAN .

Citation / case number
SC 2005/1480
Court
Supreme Court of India
Petitioner
HEMAJI WAGHAJI JAT
Respondent
BHIKHABHAI KHENGARBHAI HARIJAN .
Author
Dalveer Bhandari
Bench
DALVEER BHANDARI,HARJIT SINGH BEDI, , ,

Judgment text excerpt

The Supreme Court upheld the decision of the Gujarat High Court, affirming that the appellant failed to prove ownership of the disputed land under Section 27 of the Limitation Act, which requires clear evidence of continuous and uninterrupted possession for 12 years to establish adverse possession. The Court emphasized that the burden of proof lies on the claimant to demonstrate rightful ownership and possession, as established in B. N. Venkatarayapa v. State of Karnataka. The appeal was dismissed, reinforcing the principle that mere possession without proper legal basis does not confer ownership.

HEMAJI WAGHAJI JAT vs BHIKHABHAI KHENGARBHAI HARIJAN . · Niyam