Punjab & Haryana High Court, Chandigarh
Citation(2002) 5 SCC 499
CourtSupreme Court of India
Date23 July 2002
Year2002
BenchDoraiswamy Raju, Shivaraj V. Patil JJ.
Acts/ArticlesLimitation Act 1963 Section 27, Article 65
CategoryProperty & Land Law

Key Principle Established

For adverse possession, the possession must be open, continuous, hostile, and to the knowledge of the true owner for 12 years. Mere occupation is not enough.

Brief Facts

A claim of adverse possession was made over immovable property. The question was what constitutes sufficient proof of adverse possession.

Ratio Decidendi

The Court held that for adverse possession, the claimant must prove:

  • Possession was open, actual, and visible
  • It was hostile and adverse to the true owner — not permissive
  • It was continuous and uninterrupted for 12 years (private) or 30 years (government)
  • The true owner had knowledge or means of knowledge of the adverse possession

Impact & Significance

Definitive authority on the elements of adverse possession. Cited in every adverse possession claim across India.

Tags & Related Topics

Property & Land Law Limitation Act 1963 Section 27 Article 65
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Disclaimer

This judgment summary is for educational and research purposes. While care has been taken to accurately represent the ratio and findings, for authoritative reference always consult the original judgment text from official sources (SCC Online, AIR, Manupatra, or court websites).

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