Mr. A claimed to be the Owner and Occupier of a Land in Mumbai by virtue of Adverse Possession since he has been holding the physical possession of the Land since 1972. Mr. A also registered a self-declaration with revenue authorities in 1998, announcing that he is the Owner and Occupier of the Land. In 2006 Mr. A sold this Land to Mr. B un unregistered Agreement for Sale and Mr. B received physical possession of the Land from Mr. A.
Mr. B informed the competent authorities, Municipal Corp and also the persons whose name still appears in 6/12 and 7/12 extracts of the Land, about his purchase of the said Land from Mr. A and also receiving possession thereof.
Now the person whose name still exists in 6/12 and 7/12 extracts, claims that he is the original owner of the Land and Mr. A does not have any right title interest. This person also claims that he has been dispossessed from the Land by Mr. B after execution of Agreement for Sale between Mr. A and Mr. B. This Person also filed suit in Bombay HC to declare himself as the owner and against Mr. B for recovery of possession of the Land.
Can Mr. B now loose the possession or Mr. B can still retain the possession as he purchased the Land from Mr. A claiming to be the owner of the Land by virtue of Adverse possession? Can the HC remove Mr. B from the possession of the Land and hand-over the Land to the person whose name appears in 6/12 and 7/12 extracts? Please provide few judgments from HC and SC which goes in favour of Mr. B who is holding possession of the Land at present.
