SUPREME COURT HAS DEPRECATED THE PRACTICE OF STATE TAKING PLEA OF ADVERSE POSSESSION
In State of Haryana ..vs.. Mukesh Kumar and others
(2011)10 SCC 404, their Lordships held that “A person pleading adverse
possession has no equities in his favour since he is trying to defeat the
rights of the true owner. It is for him to clearly plead and establish all
facts necessary to establish adverse possession.” Coming down heavily on
the State which sets up a plea of adverse possession their Lordships
observed that “If the protectors of law become the grabbers of the
property, then people will be left with no protection and there would be
a total anarchy in the entire country”. (emphasis supplied)
Supreme Court of India
State Of Haryana vs Mukesh Kumar & Ors. on 30 September, 2011
Bench: Dalveer Bhandari, Deepak Verma