Restoration of Possession Archives

State adverse possession over private land

State cannot forcibly acquire citizen’s land and claim adverse possession or delay to perfect title: J&K and Ladakh HC

“The fundamental right guaranteed to a citizen cannot be said to have been waived by a citizen for remaining silent for long time more particularly when the State has failed in its constitutional obligation to follow the process of land acquisition before taking over the private property of a citizen.”

Case Briefs High Courts

‘No material to formulate any substantial question of law’; Tripura HC dismisses appeal filed u/S 100 of CPC

‘The contention that the appeal is not maintainable under Section 100 of CPC cannot be accepted, rather the appeal filed by appellant is maintainable before the Court as the order of Additional District Judge is a decree.

Case Briefs High Courts

Del HC | Claim of constructive possession not tenable where dispute is pending between person so claiming and person through whom possession is claimed

Delhi High Court: Sanjeev Sachdeva, J., dismissed a petition filed against the order of the trial court whereby the petitioner’s suit filed