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august 2019

Supreme Court of India · 2019-08-08

Krishnamurthy S. Setlur (Dead) By Lrs. vs O.V.Narasimha Setty(Dead) By Lrs.

Citation / case number
AIRONLINE 2019 SC 814
Court
Supreme Court of India
Petitioner
Krishnamurthy S. Setlur (Dead) By Lrs.
Respondent
O.V.Narasimha Setty(Dead) By Lrs.
Author
Arun Mishra
Bench
Vineet Saran, Arun Mishra

Judgment text excerpt

The Supreme Court addressed the issue of adverse possession under Article 65 of the Limitation Act, 1963, clarifying that possession is the root of title and must meet three classic requirements: continuity, publicity, and adversity. The Court emphasized that adverse possession cannot be claimed on a title not pleaded and that mere long possession does not equate to adverse possession. The ruling established that once a person has possessed land for 12 years, they acquire rights that cannot be defeated by the original owner, allowing them to seek restoration of possession if dispossessed.

Krishnamurthy S. Setlur (Dead) By Lrs. vs O.V.Narasimha Setty(Dead) By Lrs. · Niyam