Case Note & Summary
The plaintiff, Rajesh Parasram Shahu, filed Regular Civil Suit No. 1778/1993 for possession of Plot No. 88 at Khasra No.4/5, Gat No.78, admeasuring 80' x 50' = 4000 sq.ft., claiming ownership through a registered sale deed dated 8.3.1968 executed by Sanmarg Griha Nirman Sanstha Limited in favor of his father, and a registered Will dated 3.04.1991 bequeathing the plot to him. In 1992, the plaintiff found the defendant, Hiraman Vyankati Churad, in unlawful possession and sent a notice dated 27.2.1992 (Exh.123). The defendant replied on 10.3.1992 (Exh.118) claiming to have purchased the plot from the same Sanstha on 31.10.1977 and built a house, asserting ownership by adverse possession and challenging the civil court's jurisdiction under Section 91 of the Maharashtra Cooperative Societies Act, 1960. The trial court decreed the suit in favor of the plaintiff, finding him the owner and negativing adverse possession. The defendant's Regular Civil Appeal No.382/2002 was dismissed by the 6th Adhoc Additional District Judge, Nagpur. In this second appeal, the defendant argued that the courts below erred in not accepting his adverse possession claim and in assuming jurisdiction. The High Court held that the defendant's possession was permissive, originating from the Sanstha, and not hostile; he failed to prove the requisite animus possidendi for 12 years. Regarding jurisdiction, the court found that the dispute did not relate to the management or business of the cooperative society, so Section 91 did not bar the civil suit. The appeal was dismissed, confirming the decree for possession.
Headnote
A) Property Law - Adverse Possession - Permissive Possession - The defendant claimed ownership by adverse possession but failed to prove that his possession was hostile and adverse to the true owner; possession originating from a cooperative society's allotment was permissive and did not become adverse without clear assertion of hostile title. (Paras 2-6) B) Jurisdiction of Civil Court - Bar under Section 91 of Maharashtra Cooperative Societies Act, 1960 - The dispute between the plaintiff and defendant regarding possession of land does not relate to the management or business of the cooperative society; hence, the civil court has jurisdiction to entertain the suit. (Paras 7-8) C) Evidence Act, 1872 - Burden of Proof - The defendant failed to discharge the burden of proving adverse possession for the statutory period of 12 years; mere long possession without animus possidendi is insufficient. (Paras 5-6)
Issue of Consideration
Whether the defendant had acquired title by adverse possession over the suit plot and whether the civil court had jurisdiction to entertain the suit in view of Section 91 of the Maharashtra Cooperative Societies Act, 1960.
Final Decision
Second Appeal dismissed. Decree for possession passed by the trial court and confirmed by the first appellate court is upheld.
Law Points
- Adverse possession
- Permissive possession
- Jurisdiction of civil court
- Section 91 Maharashtra Cooperative Societies Act
- 1960
- Title by registered sale deed
- Will
- Burden of proof
