Krishan Lal alias Kishan vs Vidya Wati (Smt) and Others

In this defendant''s appeal the only question that arises for consideration is if the period of possession for calculating adverse possession is to be calculated from the date the deed of conveyance was executed in favour of respondent by the Rehabilitation Department or from the date mentioned in the deed conferring ownership on plaintiff-respondent.

Both the appellant and the respondents are successors of real brothers through whom they claim title. It has been found by all the courts that title to the property vested in respondents'' predecessors. The claim of appellant based on title has been negatived. But he has been found in exclusive possession. The trial court found it sufficient for adverse possession. Inference of adverse possession was drawn from exclusive possession. It was reversed by the first appellate court. It was held that deed of conveyance having been executed in 1968, permanent rights were created only on this date. And if 12 years were calculated from that date the suit was within time. The High court dismissed the appeal in limine.

We have heard learned counsel for parties at length. No section or any rule could be pointed out as to from what date the ownership is created in respect of property transferred from the Rehabilitation Department in favour of any person. Since the deed of conveyance was executed in 1968 conferring ownership rights on respondents the appellate court, in our opinion, did not commit any error of law in calculating limitation for adverse possession from that date.

In the result, the appeal fails and is dismissed. But there shall be no order as to costs.