BANGALORE DEVELOPMENT AUTHORITY versus N. JAYAMMA

BANGALORE DEVELOPMENT AUTHORITY versus N. JAYAMMA

Plaintiff/respondent failed to prove continuous, open, and undisturbed possession for the requisite period, as admitted demolition by BDA interrupted possession; possession was not peaceful or unhindered, defeating claim of adverse possession.

Parties
Appellant: Bangalore Development Authority; Respondent: N. Jayamma
Jurisdiction
India
Judgment Date
10 March 2016
Procedural Posture
Civil Appeal / Appeal Against High Court Judgment Affirming Trial Court Decree
Outcome
Appeal allowed; suit dismissed.
Legal Topics
Adverse Possession, Land Acquisition, Declaration of Title
Property Law Adverse Possession Land Acquisition Declaration of Title

Case Brief

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Parties

Bangalore Development Authority

Appellant

N. Jayamma

Respondent

Procedural Posture

Civil Appeal / Appeal Against High Court Judgment Affirming Trial Court Decree

Legal Issues

  1. 1 Whether the plaintiff/respondent has perfected title to the suit property by adverse possession.
  2. 2 Whether the continuous possession can be established for the statutory period.
  3. 3 Whether possession was open, continuous and undisturbed for the requisite period.

Ratio Decidendi

Plaintiff/respondent failed to prove continuous, open, and undisturbed possession for the requisite period, as admitted demolition by BDA interrupted possession; possession was not peaceful or unhindered, defeating claim of adverse possession.

Court Disposition

Appeal allowed; suit dismissed.

Orders

  • Suit for declaration of title by adverse possession dismissed.
  • No order as to costs.