Dismissed

Ismail Ahmad Dashu v. Ibrahimbhai Kasambhai Dashu

Gujarat HC20 Jun 2018FA/265/2018

Case brief

AI extract

What is this about?

This appeal, filed by the original plaintiff challenging a lower court judgment dismissing a suit on adverse possession, was summary dismissed. The High Court held that adverse possession is a defense, not a cause of action, and the plaintiff failed to prove hostile possession.

What did the court decide?

The First Appeal and Civil Application were dismissed and disposed of accordingly.

Ismail Ahmad Dashu Vs Ibrahimbhai Kasambhai Dashu — Property and Title | Gujarat HC (2018)

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C/FA/265/2018 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/FIRST APPEAL No. 265 of 2018 With CIVIL APPLICATION No. 1 of 2018

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============================================================= ISMAIL AHMAD DASHU

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Versus IBRAHIMBHAI KASAMBHAI DASHU

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=============================================================

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Appearance :

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Mr SATYAM Y CHHAYA, Advocate for the PETITIONER

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=============================================================

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CORAM: HONOURABLE Mr. JUSTICE AKIL KURESHI and HONOURABLE Mr. JUSTICE B.N. KARIA 20^th June 2018

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IA ORDER (PER : HONOURABLE Mr. JUSTICE AKIL KURESHI)

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This Appeal is filed by the original plaintiff challenging the judgment and decree of the trial Court dated 29^th September 2017. The plaintiff had filed Special Civil Suit No. 152 of 2013 before the trial Court in which he had prayed for a declaration that by way of adverse possession, he had become the owner of certain agricultural land [the suit land]. His second prayer was for setting aside the sale deed executed by the land owners in favour of the third parties. The trial Court, by the impugned judgment, dismissed the suit on various grounds. The trial Court believed that the plaintiff failed to establish the question of adverse possession.

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Page 1 of 2

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C/FA/265/2018 ORDER

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The trial Court also believed that the purchasers were bona fide purchasers and had become owners of the suit land by virtue of sale deed executed by the erstwhile owners.

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First Appeal is possible of summary dismissal. Firstly, as is well settled, ground of adverse possession can be pleaded by way of defence and cannot be a cause of action for filing the suit. Equally important is that the plaintiff had failed to lead any evidence with respect to the adverse possession. It appears that the plaintiff himself, like the erstwhile owners of the land is residing abroad since long. Even if we believe that the plaintiff was in possession of the suit land for long, there is nothing on the record to suggest that such possession was hostile to the owners.

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We find no merits in the First Appeal and therefore, the same is dismissed.

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Civil Application stands disposed of accordingly.

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[Akil Kureshi, J.]

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Prakash

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Page 2 of 2

Ismail Ahmad Dashu v. Ibrahimbhai Kasambhai Dashu

Case brief

What is this about?

What did the court decide?

Ismail Ahmad Dashu v. Ibrahimbhai Kasambhai Dashu

Case brief

What is this about?

What did the court decide?

What the court decided

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