• In the court consideration who is the owner of the land,?

1. If some one (other than land owner) is in the position of a private agricuture land since long time (more than 12 years) by any reason, but in all revenue records original owner' s name is showing as the land owner and the posessor is not having even sale deed or agriment but he is having only having circumstantial evidence (oral evidence) by neighbours as a posessor. Land owner is alive and having legal heirs also.
If the issue goes to court, then who will diclare as owner of the land by the court? land owner or posessor?
For reference what is the act or civil code of procedure or any other document to refer to know about the law related to this issue?.

2. We are supposed to give our agricultural land for commercial lease through registered agriment for eight or more years. Is there any chance to lost our ownership on land after lease tenure? What is secure time limit for giving on lease? What are the reference act or CPC related to this topic?
Asked 7 years ago in Civil Law

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4 Answers

1) if you have been in possession for over 12 years you can claim benefit of adverse possession as defence in case suit for eviction is filed by landowner

2)In P.T. Munichikkanna Reddy v. Revamma 2007 (6) SCC 59, supreme Court considered various facets of the law of adverse possession and laid down various propositions including the following:

"Adverse possession in one sense is based on the theory or presumption that the owner has abandoned the property to the adverse possessor on the acquiescence of the owner to the hostile acts and claims of the person in possession. It follows that sound qualities of a typical adverse possession lie in it being open, continuous and hostile." "To assess a claim of adverse possession, two-pronged enquiry is required:

1. Application of limitation provision thereby jurisprudentially "wilful neglect" element on part of the owner established. Successful application in this regard distances the title of the land from the paper-owner.

2. Specific positive intention to dispossess on the part of the adverse possessor effectively shifts the title already distanced from the paper-owner, to the adverse possessor. Right thereby accrues in favour of adverse possessor as intent to dispossess is an express statement of urgency and intention in the upkeep of the property."

3) if you giving premises on lease by regd lease deed you would not loose ownership of your land

4) you can give premises on lease for period of 5 years or so if you so desire

Ajay Sethi
Advocate, Mumbai
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1. The title to a property originates from the sale deed. One who has the title deed in his favour is entitled to be declared as the title holder of the property. However, if a trespasser has been allowed to remain in possession for 12 years by the lawful owner then the trespasser can claim adverse possession. The title holder should file a suit for recovery of possession to get back his land.

2. Any lease over 11 months has to be through a registered deed.

Ashish Davessar
Advocate, Jaipur
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972 Consultations

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If the issue goes to court, then who will diclare as owner of the land by the court? land owner or posessor?

For reference what is the act or civil code of procedure or any other document to refer to know about the law related to this issue?

It is presumed that you are referring to law of adverse possession.

This law shall not apply for agricultural land which is not under even a leas agreement

The l;and revenue receipts also would show the occupier as a tenant only even if his name appears in the the adangal.

2. We are supposed to give our agricultural land for commercial lease through registered agriment for eight or more years. Is there any chance to lost our ownership on land after lease tenure? What is secure time limit for giving on lease? What are the reference act or CPC related to this topic?

The lease agreement if registered is an evidence of lese hence as per the condition the lessee should vacate and handover vacant possession to the lessor if not legal action may be taken against him for eviction.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

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In the first point of my query please note that the posessor is not having any agriment or paper with the owner. Describe your advice in detail.

Then how did he come into possession of the landed property?

However he cannot claim ownership on any basis because he is not even a tenant or lessee or neither there exists an oral agreement nor did the occupier had been paying rental amount.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

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