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(Guest)

State taking plea of adverse possession

 

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
Author: D Bhandari
Bench: Dalveer Bhandari, Deepak Verma


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