Land Encroachment Act, 1905; S. 6, 7 – Evidence Act, 1872; S. 90, 110 – Presumption of title as a result of possession, can arise only where facts disclose that no title vests in any...
Read MoreLand Encroachment Act, 1905; S. 6, 7 – Evidence Act, 1872; S. 90, 110 – Presumption of title as a result of possession, can arise only where facts disclose that no title vests in any party -
- Possession of the plaintiff is not prima facie wrongful, and title of the plaintiff is not proved -- It certainly does not mean that because a man has title over some land, he is necessarily in possession of it -- if at any time a man with title was in possession of the said property, the law allows the presumption that such possession was in continuation of the title vested in him -- person must establish that he has continued possession of the suit property -- other side claiming title, must make out a case of trespass/ encroachment etc -- mere acceptance of municipal tax or agricultural tax by a person, cannot stop the State from challenging ownership of the land -- Nor can such a presumption arise in case of grant of loan by a bank upon it hypothecating the property -- revenue records confer title, for the reason that they merely show possession of a person -- Held: A revenue record is not a document of title -- It merely raises a presumption in regard to possession
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