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Supreme Court Of India

(From : Karnataka)

Hon'ble Judge(s): Mukundakam Sharma, Anil R. Dave , JJ

Limitation Act (36 of 1963) , Art.65— Claim for adverse possession - Limitation period - Land was granted by State Govt. by way of allotment with a limitation on enjoyment for 15 years - Transfer did not involve absolute ownership of land - Period of limitation to claim adverse possession in such cases would be 30 years and not 12 years. Transfer of Property Act (4 of 1882) , S.10— Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act (2 of 1979) , S.4, S.5— A perusal of the grant indicated that nowhere in the said grant it has been clearly and specifically stated that it has been an absolute transfer of the right in title and possession by State Government to the concerned person. It was only a transfer of the possession of the land by way of allotment and in none of the clauses of the grant it was stated that it is a conveyance of the title over such land by the State Government. Clause 1 of the grant gives authority to the grantee to clear the land and to bring it to cultivable stage. It further provides that the grantee can enjoy the property for 15 years. Not only the grant was only for a limited period but it was also for cultivation. Therefore, it was a grant for possession by way of cultivation for a limited period and it cannot be said that by the aforesaid grant the transferee had acquired abs....