Bhag Singh (D) Thr. Mahant Kashmir Singh Vs Basant Kaur (D) Thr. LRs. and Others (Supreme Court of India)
Forty Years of Possession Is Not Adverse Possession Unless It Turns Hostile -Revenue Records Prove Possession, Not Title: Supreme Court
Summary: The Supreme Court has held that revenue records neither create nor extinguish title to immovable property. Entries in Jamabandi or Khasra Girdawari may establish the nature & continuity of possession, but cannot by themselves prove ownership, a completed dedication in favour of a religious institution or perfection of title by adverse possession.
The Court reiterated that long possession is not synonymous with adverse possession. Unless the person in possession specifically pleads & proves when possession became hostile to the true owner, how the owner’s title was openly denied & whether such hostility continued for the statutory period, title cannot be acquired merely through prolonged occupation.
Facts of the Case
The dispute concerned agricultural land measuring 4 Kanals and 18 Marlas situated at Muktsar, Punjab.
The plaintiffs claimed ownership & possession under a registered sale deed dated 13.05.1965 executed by Gajjan Singh & Baggu Singh. They alleged that although possession had been delivered under the sale deed, the revenue records continued to show Attar Singh Chela Bhai Gulab Singh in possession.
