AMERANDRA PRATAP SINGH versus TEJ BAHADUR PRAJAPATI AND ORS.

AMERANDRA PRATAP SINGH versus TEJ BAHADUR PRAJAPATI AND ORS.

Acquisition of title by adverse possession by a non-tribal over the immovable property of a tribal in tribal areas is prohibited by special legislation; Limitation Act does not apply as long as lands are in possession of tribals; adverse possession operates only on alienable rights, which tribal lands are not in favour of non-tribals.

Parties
Appellant: AMERANDRA PRATAP SINGH; Respondents: TEJ BAHADUR PRAJAPATI AND ORS.
Jurisdiction
India
Judgment Date
21 November 2003
Procedural Posture
Civil Appeal / Remand to Trial Court After Supreme Court Appeal
Outcome
Appeal allowed, case remanded to trial court with directions.
Legal Topics
Adverse Possession, Protection of Tribal Land, Interpretation of Statutes
Property Law Constitutional Law Adverse Possession Protection of Tribal Land Interpretation of Statutes

Case Brief

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Parties

AMERANDRA PRATAP SINGH

Appellant

TEJ BAHADUR PRAJAPATI AND ORS.

Respondents

Procedural Posture

Civil Appeal / Remand to Trial Court After Supreme Court Appeal

Legal Issues

  1. 1 Whether acquisition of title by adverse possession over tribal land by a non-tribal is valid
  2. 2 Applicability of Limitation Act and Doctrine of Adverse Possession to tribal lands
  3. 3 Interpretation of 'transfer of immovable property' under Orissa Scheduled Areas Transfer of Immovable Property Regulations

Ratio Decidendi

Acquisition of title by adverse possession by a non-tribal over the immovable property of a tribal in tribal areas is prohibited by special legislation; Limitation Act does not apply as long as lands are in possession of tribals; adverse possession operates only on alienable rights, which tribal lands are not in favour of non-tribals.

Court Disposition

Appeal allowed, case remanded to trial court with directions.

Orders

  • Trial court to determine extent of land encroached and accept or commission a map;
  • Trial court to decide on demolition and restoration of possession versus compensation for encroachment;