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2015 (6) TMI 1250 - HC - Indian LawsInterest of the actual owner of the land inspite of admission of the defendant in cross examination - adverse possession by dint of possession for 8 & 9 years by the defendant can have the right, title and interest by right of adverse possession under Article 64 of the Limitation Act - Chitha mutation can provide the claim of right, title and interest of the defendant over the suit land without having any proof of transfer of title under the transfer of Property Act - inheritance of the property of the person not known for seven years, there is requirement of any declaration under the law for devolution of the land and mutation to the sole legal heir - HELD THAT:- Admitted position of the case is that no sale deed was executed by the father of the plaintiffs to the defendant Section 54 of the Transfer of Property Act, 1882 provides that transfer of tangible immovable property of the value of one hundred rupees and upwards can be made only by a registered instrument. In case the value of the tangible immovable property is less than one hundred rupees, such transfer may be made either by a registered instrument or by delivery of the property and the delivery of tangible immovable property takes place when the seller places the buyer, or such person as he directs, in possession of the property. On the face of this evidence, statutory period of 12 years was not completed to enable the defendant to claim title on the basis of adverse possession. Not only the defendant himself, but his witness D.W.6 also deposed that he had seen Rajendra being in possession of the suit land during his lifetime. The defendant miserably failed to prove the plea regarding adverse possession. The learned lower Appellate Court overlooked the most material part of the evidence of D.W. 1 defendant himself and recorded a perverse finding mat defendant established the plea of adverse possession. The substantial questions of law will have to be answered in favour of the appellants. The appeal is allowed.
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