Adverse Possession - Continuous, And Hostile Possession, Accompanied By Animus Possidendi - Claim Denied By Supreme Court

07 May 2024 8:19 AM

By: Admin

August 9, 2023 - In a significant ruling, the Supreme Court of India dismissed a claim of adverse possession made by the respondents over government-owned land. The bench, comprising Justices Abhay S. Oka and Sanjay Karol, highlighted the necessity of establishing clear, continuous, and hostile possession, accompanied by animus possidendi, for adverse possession claims, especially concerning government property.

”The burden of proof once shifted, it was for the claimants to prove their possession to be openly hostile to the rights of the government.”

The court emphasized that mere long-term possession is insufficient to substantiate a claim of adverse possession. “Surmises, conjectures, and approximations cannot serve as a basis for transferring ownership of state land to one who has no such rights,” the bench stated. The court also stressed the importance of providing concrete proof beyond vague assertions.

The judgment observed that a plea of adverse possession must be specific and cannot be introduced for the first time during the appellate stage. The court also underscored the contradictory nature of claiming independent title and adverse possession simultaneously.

Moreover, the court clarified that a welfare state cannot invoke adverse possession to claim land owned by its citizens. “The State cannot claim the land of its citizens by way of adverse possession as it is a welfare State,” the court noted.

This verdict holds significance for cases involving adverse possession claims, particularly when government property is concerned. The court’s ruling reaffirms the importance of providing clear and compelling evidence to establish adverse possession claims, especially in cases involving public land.

This judgment reaffirms the judicial stance on adverse possession, reinforcing the need for solid and concrete evidence to substantiate such claims.

Date of Decision: August 9, 2023

GOVERNMENT OF KERALA & ANR. VS JOSEPH AND OTHERS