Bharat Chugh on the Laws of India

The Law of Adverse Possession, it is being consistently recognized as affront to ideas of equity, justice and even common sense. Courts have placed a great burden of proof on a person claiming ownership on the basis of adverse possession owing to the inherent inequity of it. In this judgment the Hon’ble Supreme Court observes the same in it’s lucid best :-

“It is our bounden duty and obligation to ascertain the intention of the Parliament while interpreting the law. Law and Justice, more often than not, happily coincide only rarely we find serious conflict. The archaic law of adverse possession is one such. A serious re-look is absolutely imperative in the larger interest of the people. Adverse possession allows a trespasser – a person guilty of a tort, or even a crime, in the eyes of law – to gain legal title to land which he has illegally possessed for 12 years…

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