VIDYA DEVI@ VIDYA VATI(DEAD) versus PREM PRAKASH AND ORS.

VIDYA DEVI@ VIDYA VATI(DEAD) versus PREM PRAKASH AND ORS.

Per majority, a co-bhumidhar cannot acquire title to joint property by adverse possession as there is no limitation period for filing partition suit; such plea does not raise a question of title requiring reference to civil court under s.186. Plea of adverse possession was raised only to oust jurisdiction of revenue court and is untenable.

Parties
Appellant: Vidya Devi alias Vidya Vati (deceased); Respondent: Prem Prakash; Respondent: Dev Raj (deceased); Respondent: Respondents 2 to 8 (legal representatives of Dev Raj); Appellant: Vidya Devi's two daughters (legal representatives)
Jurisdiction
India
Judgment Date
10 May 1995
Procedural Posture
Civil Appeal / Appeal From Division Bench Judgment of Delhi High Court
Outcome
Appeal allowed
Legal Topics
Partition, Adverse Possession, Delhi Land Reforms Act 1954, Jurisdiction of Revenue Courts
Land Law Civil Procedure Partition Adverse Possession Delhi Land Reforms Act 1954 Jurisdiction of Revenue Courts

Case Brief

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Parties

Vidya Devi alias Vidya Vati (deceased)

Appellant

Prem Prakash

Respondent

Dev Raj (deceased)

Respondent

Respondents 2 to 8 (legal representatives of Dev Raj)

Respondent

Vidya Devi's two daughters (legal representatives)

Appellant

Procedural Posture

Civil Appeal / Appeal From Division Bench Judgment of Delhi High Court

Legal Issues

  1. 1 Whether a co-bhumidhar can acquire title to joint holding by adverse possession to resist a partition suit
  2. 2 Whether plea of adverse possession raises a question of title requiring reference to civil court under s.186 of Delhi Land Reforms Act 1954

Ratio Decidendi

Per majority, a co-bhumidhar cannot acquire title to joint property by adverse possession as there is no limitation period for filing partition suit; such plea does not raise a question of title requiring reference to civil court under s.186. Plea of adverse possession was raised only to oust jurisdiction of revenue court and is untenable.

Court Disposition

Appeal allowed

Orders

  • Delhi High Court Division Bench judgment set aside
  • Revenue Assistant not required to refer issue of title to civil court