On 17 August 2018, the Hon’ble Delhi
High Court gave possession of property, situated at Kashmiri Gate, back to its
true owner after 28 years of litigation. The suit for possession [Suit No.
652/1990] was filed by the owner - Shri. Ram Chander in the year 1990 before the
Hon’ble Tis Hazari Court. The said civil suit was dismissed on 24.04.1997 on
the ground of adverse possession. Thereafter, Shri. Ram Chander filed an appeal
[RFA No. 314/97] before the Hon’ble Delhi High Court in the year 1997. The said
appeal was finally decided on 17 August 2017 in favour of Shri. Ram Chander.
Anuj Aggarwal & Kshitij Arora,
Advocates, appearing for Shri. Ram Chander argued that the trial court has
committed a grave error because trial court has wrongly held
respondents/defendants to be owners by adverse possession simply on account of
respondents/defendants being in continuous and uninterrupted possession but
without any finding with respect to assertion of the hostile title.
Accepting the submissions, Hon’ble Mr.
Justice Valmiki J. Mehta, Delhi High Court, held that “Trial Court has held
respondents/defendants as owners by holding 'respondents/defendants were openly
and continuously without interruption' in possession of the suit property, and
which in law is not sufficient because not only the possession has to be open
and continuous but the possession has to be hostile to the true owner and there
has to be an assertion of ownership title in the person who claim adverse
possession to the knowledge of the true owner and the world at large, and which
is clearly as per the evidence led by the respondents/defendants missing in the
present case.” The Hon’ble Delhi High Court also passed money degree in
favour of Shri. Ram Chander which reads as under:-
“Money decree is accordingly passed
and in favour of the appellant/plaintiff and against the respondents/defendants
for arrears at Rs.900, pendente lite and future mesne profits at the rate of
Rs. 25 per month, to be increased cumulatively by 15% every year and these
amounts will be chargeable at 6% per annum simple.”
