Can title be claimed under an unregistered sale deed and by adverse possession at the same time?

No. Both the rights cannot go together, since it leads to an inconsistent stand, and the burden of proof lies on the plaintiff to prove his case based on pleadings and evidences. Where the person claiming adverse possession admits in cross examination that he is claiming adverse possession based on the unregistered sale deed and not only on the basis of mere adverse possession of the property, the plea is an inconsistent one and is unsustainable.

Adverse possession — Limitation — Declaration of title and permanent injunction — Inconsistent plea of title under an unregistered sale deed — Animus possidendi — Denial of title to the knowledge of the title holder — Adverse possession — Title under an unregistered sale deed — Inconsistent plea — Held: A claim of title under an unregistered sale deed and a claim by adverse possession cannot go together, since it leads to an inconsistent stand. The burden of proof lies on the plaintiff to prove his case based on pleadings and evidences. (¶15, 16) Adverse possession — Essential pleadings and proof — Held further: A person claiming adverse possession must prove the date of entering into possession, its nature, how long he is in possession and whether it was known to the real owners. His possession must be open and undisturbed. (¶18, 19, 20) Adverse possession — Revenue records, Kist and custody of title deed — Not sufficient by themselves — Held further: Mutation of revenue records, payment of Kist, custody of the Title Deed and long possession for more than the statutory period are alone not sufficient to constitute adverse possession, unless denial of title is brought to the knowledge of the title holder. (¶21) Adverse possession — Limitation — Denial of title conveyed to the real owner — Held further: The limitation clock begins to tick only when the denial of title is conveyed to the real owner either expressly or impliedly. The plaintiff having failed to prove that he perfected title by adverse possession, the Appeal Suit is dismissed. (¶21, 22, 23)

One judgment a day. That's the whole habit.

Read the full text of K. Chenrayan v. K. Raja — and get the Supreme Court's output as a five-minute daily read, with plain-language headnotes and the questions each judgment settles.

Free forever plan · 30 seconds · data stays in India