Land title allowed on basis of adverse possession

A land dispute that started before the Supreme Court came into existence finally ended this week after 70 years of litigation with it ruling that the title can be claimed on account of adverse possession used both as a sword (to claim title) as well as a shield (to defend against dispossesion).”

“By this judgment, we hope to bring quietus to a dispute which has its gensis to facts prior to the Independence of the country. The parties through their predecessors have been litigating for more than 70 years,” said the Bench of Justices Deepak Gupta and Aniruddha Boss.

The dispute had a long and convoluted history of various rounds of litigation. The Bench quashed the Karnataka High Court ruling and restored the trial court verdict back in 1967. In 1942, a piece of land was bought by a rich landlord Krishnamurthy S Setlur (KS) through a general power of attorney vested in one HR Narayana Iyengar (HR). The dispute arose in 1942 when KS claimed to be the true owner and HR “benamidar”. KS filed a suit in 1949, but it was dismissed in 1961 on the ground that he failed to prove that HR had purchased the properties on his behalf as “benamidar”. His appeal was also dismissed in 1966 but in 1981, he was held to be owner in possession of the property. Leasing of some portion of the land by KS to a buildere for quarrying was challenged by the legal heirs of HR and thus arose the present case with KS seeking a permanent injunction against HR and his descendants in 1981, seeking land ownership on the ground of adverse possession against HR.

The trial court decreed in favour of KS on the ground of his peaceful and uninterrupted possession for 12 years leading to him perfecting his title through possession. HR’s descendants, however, got the trial court’s order reversed.

The SC allowed the appeal of Setlur, setting aside HC order.