HC clears air on possession of property without title

Justice M Seetharama Murthy of the High Court at Hyderabad ruled that a person only has to prove title to his property if he is filing a suit of recovery of the same. “It is for the defendant to prove acquisition of title by adverse possession”, he ruled. The judge was dealing with a second appeal filed by the Defendant D Padmamma.

The land-owner K Kotumma had filed the suit claiming ownership over property in a extent of about two acres of land in Nalgonda district. In a 30-page verdict the judge went on to deal with the law on possession and title to property. He said that once a person establishes title to property and seeks redelivery of the same, it is for the defendant to establish his manner of right to be in possession of the property.

“Mere possession however long does not necessarily mean it is adverse to the true owner and that adverse possession really means the hostile possession which is expressly or impliedly in denial of the title of the true owner”. Allowing the claim of the owner and rejecting the appeal the judge made clear that adverse possession must be open, peaceful and continuous.