AIR 2014 CHHATTISGARH 31 ::(2013) 4 CgLJ 428 ::2013 (5) MPHT 81

Chhattisgarh High Court

Hon'ble Judge(s): Nawal K. Agarwal , J

(A) Limitation Act (36 of 1963) , Art.65— Adverse possession - Plaintiff in possession of property on basis of unregistered sale agreement and not sale deed - Notice issued by him calling upon vendors to execute sale deed else he would seek specific performance - No suit for specific performance however filed - Till issuance of notice possession cannot be said to be adverse or hostile - No question of prescription of title by adverse possession. Where the plaintiff was in possession of suit premises on the basis of unregistered agreement to sale and not sale deed and he issued notice calling upon defendant vendors to issue sale deed else he would seek specific performance from Court but no such suit was filed by him, it could be said that his claim of title was not on basis of adverse possession till date he issued notice to defendants. The plaintiff having not claim his title by way of adverse possession till date of issuance of notice and therefore, it cannot be said that he was in adverse possession for 12 years or more before filing of the suit. Therefore, the decree passed by the appellate Court, based on its finding that plaintiff acquired title over the suit land by way of adverse possession is not sustainable in law and liable to be set aside.(Para 12 15) ....