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Supreme Court of India 2024-11-19

THE STATE OF HARYANA & ANR vs AMIN LAL (SINCE DECEASED)

Bench: 2 — Vikram Nath, Prasanna B. Varale

In Brief

The State of Haryana and its Public Works Department claimed ownership of disputed land through adverse possession spanning over a century. The Supreme Court affirmed the High Court's decision, dismissing the State's plea and restoring the Trial Court's judgment in favor of the original plaintiffs. The Court held that the State cannot claim adverse possession against its own citizens; by pleading adverse possession without specifically denying the plaintiffs' title, the defendants implicitly admitted the plaintiffs' ownership. The plaintiffs had established title through revenue records (jamabandi entries) and registered sale deeds. The defendants' possession was merely permissive, not adverse, and lacked the hostility required for adverse possession claims.

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Property Law Adverse Possession Civil Procedure Real Property Evidence Administrative Law Government/State Actions Revenue Records

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