Law:

Section:

(a) Adverse possession--- ----Proof---Essentials---Defendants' plea of adverse possession was based on entry in record of rights wherein plaintiffs were recorded as owners while defendants were shown as "Qabiz Ba Shara Malikan Bawaja Nautore"---First such entry related to year 1981-82---Suit filed by plaintiffs in 1985, was clearly in time---Term "Qabiz" denoted assertion of adverse possession and same could not have been entered in record of rights without a mutation attested for such purpose by Revenue Officer---Entry of "Qabiz" was, therefore, unauthorized and carried little evidentiary value---Elements of adverse possession were wanting in the case---Neither possession of defendants as "Qabiz Ba Shara Malikan Bawaja Nautore" constituted adverse possession nor had it ripened into their ownership rights for extinguishments of rights of true owners of property in question. In the present case there was no evidence that the land in question was ever held adversely by defendant or his predecessors and if so since when, Necessary records for linking Khasra number in dispute with the previous Khasra numbers allegedly held adversely by the defendants were missing in the case. Further, term "Qabiz" denoted assertion of adverse possession and in terms of paragraph 7.41 (4) of the Land Records Manual could not have been entered without a mutation attested for it by the Revenue Officer. There was no mutation forthcoming on the record. Entry of `Qabiz', therefore, was unauthorized and carried little evidentiary value. Entry of `Qabiz' was recorded in revenue record of 1981-82. Reckoned from it, the suit filed for possession in 1985 was clearly in time. Elements of adverse possession were wanting in the case. Neither stealth nor force were recognised as a valid source for acquisition of title to the property in Islam. It abhorred such modes of acquisition and did not recognise it as a valid source of title to property. Adverse possession clearly lacked moral content, and, therefore, for its establishment required a very convincing and creditable evidence for supporting its necessary elements of openness and hostility to the knowledge of true owner. Plaintiffs gave…

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