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πŸ‘πŸ™‹β€β™‚οΈ Adverse Possession Explained -

β˜‘οΈ Case law- VASANTHA (DEAD) THR. LR v. RAJALAKSHMI @ RAJAM (DEAD) THR.LRs. 2024

Plea of adverse possession is a blend of fact and law.

βœ… Karnataka Board of Wakf v. Govt. of India, 2004 (The person who claims adverse possession must show the following:)

(a) on what date he came into possession;
(b) what was the nature of his possession;
(c) whether the factum of possession was known to the other party;
(d) how long his possession has continued; and
(e) his possession was open and undisturbed
.

The Court added that a person pleading adverse possession has no equities in his favor bcz the person seeking such possession is attempting to defeat the true owner's rights.

βœ… Hemaji Waghaji Jat v. Bhikhabhai Khengarbhai Harijan, 2009

β€œModern statutes of limitation operate, as a rule, not only to cut off one's right to bring an action for the recovery of property that has been in the adverse possession of another for a specified time but also to vest the possessor with title. The intention of such statutes is not to punish one who neglects to assert rights but to protect those who have maintained the possession of property for the time specified by the statute under a claim of right or colour of title.”

βœ… Bharat Barrel and Drum Mfg. Co. Ltd. v. ESI Corpn, 1971
(Court extensively discussed the object of the Limitation Act)

β€œThe necessity for enacting periods of limitation is to ensure that actions are commenced within a particular period,

1. To assure the availability of evidence documentary as well as oral to enable the defendant to contest the claim against him;
2. To give effect to the principle that law does not assist a person who is inactive and sleeps over his rights by allowing them when challenged or disputed to remain dormant without asseting them in a court of law. The principle which forms the basis of this rule is expressed in the maximum vigilantibus, non dermientibus, jura subveniunt (the laws give help to those who are watchful and not to those who sleep)”


βœ… Saroop Singh v. Banto, 2005

Article 65 of the Limitation Act, the starting point of limitation does not commence from the date when the right of ownership arises to the plaintiff but commences from the date the defendant's possession becomes adverse. Further, the physical fact of exclusive possession and the animus possidendi to hold as owner in exclusion to the actual owner are the most important factors that are to be accounted in cases related to adverse possession.

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πŸ‘5πŸ’―3
πŸ’― RELEVANT SNAPSHOTS FROM ELECTORAL BONDS JUDGMENT

5 Judges 2 Judgments
Same Conclusions Different Reasoning by Sanjiv Khanna and different application of Doctrine of Proportionality

Coram
βœ“ CJI DY Chandrachud
BR Gavai
JB Pardiwala
Manoj Misra
βœ“ Sanjiv Khanna
Scheme of Electoral Bond and AMENDMENTS under 5 Sections of Different 5 Statutes were challenged


βœ… Companies Act
1. Removes the cap on corporate funding- 7.5 % of last 3 years turnover ommitted and no need to disclose party name in accounts only total amount donated need to be disclosed

βœ… Income Tax due to Finance Act
By political parties No need to maintain records of name and address of person contributing under electoral bonds scheme normally above 20k it is required.

βœ… RPA 1951
Political parties are't required to disclose details of contributions received by Bonds, earlier they were not given exemption of taxes if they does not disclose details above β‚Ή20k

βœ…RBI
Not to mention the name of the Party to whom they are payable

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