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raghuvenu rao (PRIVATE JOB)     08 April 2020

what is adverse position on lands

I want to know with out proper sale papers can adverse illegal position on lands and no evidences are written in pahanees science last 60 years there is no even a single evidence in revenue records
can adverse position stands to illegall enchrochers
and revenue courts given an orders to actual pattedars to obtain pattedars pass books to legal heirs of anssesstral l
now can adverse position persons got any rights or not I want to know how can evict the illegal enchrochers from anssestral lands


 9 Replies

raghuvenu rao (PRIVATE JOB)     09 April 2020

sir thanks
now I want to know if there is no one enchrochers wants to file any court case what is the remedy to restore my lands to get back

P. Venu (Advocate)     09 April 2020

Please post the material facts bringing out the issue you are trying to highlight. Please note that the aspect relates to possession, not position.

1 Like

Dr J C Vashista (Advocate)     10 April 2020

When there is no sale deed in favour of person-in-interest / possesser title (ownership) is not transferred.  

Dr J C Vashista (Advocate)     10 April 2020

What do you mean from the terminology "pahanees Science" used by you?

raghuvenu rao (PRIVATE JOB)     10 April 2020

Dear experts In my anssesstral lands from 1954 to still date the enchrochers on my said lands from 20- 25 years they are cultivating with out any proper documents illegally And they have no proofs of any revenue records and there names was not entered in any ROR 1B or in adangal pahani In samghrabhu bhu survey I found this facts and I approached the RDO for rectification under section 5-B The Honarable RDO enquired in deep And passedan order to record our names in ROR and ordered to issue pattedars pass books to thasildar Sir this is my case matter the land extent was 248-00 Acer's my and my brothers anssesstral lands in kasara pahani reveals the pattedars and possessor was my anssesstrals From 1954 to still date no one survey number was recorded in adangal pahani even though actual pattedars names also not entered this survey numbers was missed in Pahani adangal by mistake on this grounds The Honarable RDO enquired and passed order Hence

Shreshta@ JA Beno AOR supreme (AOR supreme court of india )     10 April 2020

May be inspite of the poition of the property there must be some proof to prove that the said person was enjoying the property for 13 years and further there must some records to prove that the said person claiming the Adverse position of the property must pocess and record from the government to prove his enjoyment.

P. Venu (Advocate)     10 April 2020

Admittedly, the so-called encroachers have been allowed to be in possession for 25 years or more. And they have perfected their right by adverse possession. The decision/order of the RDO restoring the names of the original owner or their successors-in-title cannot negate the effect of adverse possession.

The only option is to file suit a file for eviction and permanant injection with the plea that the adverse possession has been within the period of limitation of 12 years as laid down by the provisions of Article 65 and leaving it to the defendants to prove or rebut the averment.

P. Venu (Advocate)     10 April 2020

The concluding portion of the above posting may be read as "...............and leaving it to the defendants to prove the contrary or rebut the averment" instead of "........... and leaving it to the defendants to prove or rebut the averment"

The lapse in this context is regretted.

1 Like

P. Venu (Advocate)     11 April 2020

Yes, it is "injunction", not 'injection'. Thanks, Mr. Om Prakash for correcting me. I regret the error.

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