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Supreme Court of India 2019-08-08 remanded

KRISHNAMURTHY S. SETLUR (DEAD) BY LRS vs O.V.NARASIMHA SETTY(DEAD) BY LRS

Bench: 2 — Deepak Gupta, Aniruddha Bose

In Brief

This judgment addresses whether a plaintiff can claim adverse possession under Article 65 of the Limitation Act, 1963. The Court held that after 12 years of continuous, visible, and peaceful possession meeting all requirements (nec vi, nec clam, nec precario), an adverse possessor acquires legal title and can sue to recover the property even if subsequently dispossessed. However, the Court cautioned that such rights should not accrue over property dedicated to public use and suggested statutory amendment to preclude adverse possession claims on public utility lands. The matters were remanded for consideration on merits.

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Adverse Possession Limitation Act Property Law Public Utility Property Possessory Rights Civil Procedure

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