Principle of Adverse Possession in Sant Ram v. Labh Singh (AIR 1965 SC 314)

Principle of Adverse Possession in Sant Ram v. Labh Singh (AIR 1965 SC 314)

  1. Continuous Possession: Adverse possession means holding and using the land continuously without interruption or eviction for a long time.
  2. Hostile Possession: The possession must be against the rights of the true owner, without their permission or approval.
  3. Open and Notorious Use: The possession should be visible, open, and known to the public, making it clear that the possessor is using the land without the owner’s consent.
  4. Exclusive Possession: The possessor must have exclusive control and use of the land, excluding the true owner from using it.
  5. Time Period Requirement: Adverse possession typically requires possession for a specific uninterrupted period, which varies by jurisdiction, often ranging from 12 to 20 years.

In the Sant Ram v. Labh Singh case, Sant Ram claimed ownership through adverse possession, arguing that he had been openly and continuously using the land without any objections. However, the court ruled against this claim, emphasizing that possession alone wasn’t enough. The possession must also be hostile and against the rightful owner’s interests, meeting the criteria of adverse possession for a specific duration to establish ownership.