G. KRISHNAREDDY versus SAJJAPPA (D) BY LRS. AND ANR.

G. KRISHNAREDDY versus SAJJAPPA (D) BY LRS. AND ANR.

The plea of adverse possession was not available to the appellant, as his claim was by way of purchase and not through hostile possession. Furthermore, the grant was only for cultivation for a limited period, and did not convey absolute title, making the applicable limitation period 30 years, not 12 years. The appellant failed to acquire title by adverse possession and the transfer was null and void as per the Act.

Parties
Appellant: G. Krishnareddy; Respondents: Sajjappa (D) by LRs. and Anr.
Jurisdiction
India
Judgment Date
18 July 2011
Procedural Posture
Civil Appeal / Appeal Before Supreme Court From Division Bench Judgment of Karnataka High Court
Outcome
Appeal dismissed
Legal Topics
Government Grants, Adverse Possession, Scheduled Castes and Scheduled Tribes
Property Law Government Grants Adverse Possession Scheduled Castes and Scheduled Tribes

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

G. Krishnareddy

Appellant

Sajjappa (D) by LRs. and Anr.

Respondents

Procedural Posture

Civil Appeal / Appeal Before Supreme Court From Division Bench Judgment of Karnataka High Court

Legal Issues

  1. 1 Whether the plea of adverse possession is available to a purchaser who acquired granted land in contravention of a prohibition clause, under the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978
  2. 2 What is the applicable period of limitation for claiming adverse possession over such granted lands

Ratio Decidendi

The plea of adverse possession was not available to the appellant, as his claim was by way of purchase and not through hostile possession. Furthermore, the grant was only for cultivation for a limited period, and did not convey absolute title, making the applicable limitation period 30 years, not 12 years. The appellant failed to acquire title by adverse possession and the transfer was null and void as per the Act.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed, parties to bear their own costs.