2019 AIR CC 941 (ALL) ::2019 (1) ALJ 763 ::AIROnline 2018 All 4623 ::(2019) 1 ADJ 10 (ALL) ::(2018) 131 All LR 378 ::(2018) 5 All WC 5379

Allahabad High Court

Hon'ble Judge(s): Vijay Lakshmi , J

(A) Specific Relief Act (47 of 1963) , S.34— Declaratory suit - Suit for declaration that sale deed executed by 'D' in favour of vendee is void ab initio - 'D' not found owner of disputed house in earlier suits between same parties - 'D' not being owner of house had no right to sell same to vendee - Sale deed executed by 'D' in favour of vendee held void ab initio having no legal sanctity. Maxims - 'Nemo dat quod non habet' - Applicability. (Para 25) (B) Limitation Act (36 of 1963) , Art.64, Art.65— Adverse possession - Essential requirements - Explained. The essential requirements for acquiring title over a property by adverse possession are:- 1. Continuity in adverse possession: The possession and occupation of the property by the trespasser/claimant must be continuous, uninterrupted and unbroken for the entire statutory period of limitation. 2. Hostile possession: The claimant must occupy the property for the full statutory period of limitation by knowing fully well that he/she does not have any legal right to possess/occupy that property. The intention of trespasser must be to acquire title to the property by adverse possession against the true owner. 3. Actual possession: The adverse p....