SC: No hostile possession if possessor is unsure of who the true owner is

The Hon’ble Supreme Court, on 15th January 2020, in the matter of Shri Uttam Chand (D) Through Lrs. v. Nathu Ram (D) Through Lrs. & Ors. pronounced that if the possessor is not sure who the true owner is, the question of him being in hostile possession as well as of denying the title of the true owner does not arise.

The Hon’ble Supreme Court observed that:

If the defendants are not sure who the true owner is, the question of them being in hostile possession as well as of denying the title of the true owner does not arise. (Para 11)

If the plea is one of continuous possession but there is no plea that such possession was hostile to the true owner of the suit property, then such possession will not ripe into title. (This inference has been drawn on the basis of Para 16)

Copy of judgement: Judgement_15-Jan-2020

-Adv. Tushar Kaushik

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