Case Note & Summary
The case involves a second appeal filed by the legal representatives of the original plaintiff, Rambhau Mhatarba Fud, against the dismissal of his suit for declaration of ownership by adverse possession and injunction over agricultural land Gat No.151 (Old Survey No.125/1) in village Darewadi, Taluka Sangamner, District Ahmednagar. The suit land was admittedly forest land and government property. The plaintiff claimed that he was in cultivating possession of 25 acres of the land from 1950, developed it since 1957, and had been in continuous, uninterrupted adverse possession for more than 30 years, thereby perfecting his title. On 13.2.1996, his possession was obstructed by employees of the forest department, leading him to file the suit. The trial court dismissed the suit, and the first appellate court confirmed the dismissal. In the second appeal, the High Court framed the substantial question of law as to whether the plaintiff could claim title by adverse possession over forest land. The court held that no right can be acquired by adverse possession over government land, especially forest land, and that the plaintiff's claim was not maintainable. The court also noted that the suit was within limitation as it was filed within 12 years of the obstruction in 1996. However, on merits, the appeal was dismissed, affirming the decisions of the lower courts. The court found no substantial question of law involved and dismissed the second appeal with no order as to costs.
Headnote
A) Property Law - Adverse Possession - Forest Land - Claim of title by adverse possession over forest land is not maintainable against the government - The plaintiff admitted the suit land was forest land and government property - Held that no right can be acquired by adverse possession over government land especially forest land (Paras 1-3). B) Limitation - Suit for Declaration - Article 65 of Limitation Act, 1963 - Suit for possession based on adverse possession must be filed within 12 years from the date of dispossession - The plaintiff claimed possession from 1950 but obstruction occurred in 1996 - Suit filed in 1996 was within limitation - However, the claim of adverse possession fails on merits (Paras 2-3). C) Forest Law - Indian Forest Act, 1927 - Section 4 - Forest land is government property and cannot be acquired by adverse possession - The plaintiff's claim that he was in possession since 1950 does not confer title against the government - Held that the courts below correctly dismissed the suit (Paras 1-3).
Issue of Consideration
Whether the plaintiff can claim title by adverse possession over forest land which is government property, and whether the suit is barred by limitation.
Final Decision
Second appeal dismissed. No order as to costs. Civil application disposed of.
Law Points
- Adverse possession cannot be claimed against government over forest land
- Indian Forest Act
- 1927 Section 4
- Bombay Land Revenue Code Section 37
- Limitation Act
- 1963 Article 65
- Bombay Tenancy and Agricultural Lands Act
- 1948 Section 43A
