Supreme Court of India Order Date: February 15, 2024

Sunita Devi vs Manoj Sharma & Ors

Citation: Special Leave Petition (Civil) No. 8921 of 2024

Judicial Precedent & Core Ruling

What The Court Ruled:

Mere long possession does not constitute adverse possession; it must be open, continuous, and hostile to the true owner under Article 65 of the Limitation Act. Because the respondent entered as a tenant, the adverse possession claim fails.

Facts of the Case / Dispatch:

The respondent resided on ancestral land in Greater Noida for 15 years and claimed ownership by adverse possession. The respondent had originally entered the land as a tenant.

Legal Domains: # Property Law # Adverse Possession # Limitation Act

Complete Case Order / Dispatch View Verified Source

This case involves adverse possession. The respondent claimed ownership of ancestral land in Greater Noida after residing there for 15 years. The Court reiterated that mere possession, however long, does not translate to adverse possession. Under Article 65 of the Limitation Act, the possession must be open, continuous, and hostile to the true owner (nec vi, nec clam, nec precario). Since the respondent initially entered as a tenant, the claim of adverse possession fails.

Legal Notice: This summary and text are reproduced for public awareness and legal research. Litigants referencing this precedent should verify with official certified copies before presenting in court proceedings.

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