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Supreme Court of India· 10 September 2026

Does adverse possession require actual, open, continuous and hostile possession denying the true owner's title, not mere long possession from a lawful or permissive origin?

BHAG SINGH (D) THR. MAHANT KASHMIR SINGH v. BASANT KAUR (D) THR. LRS. AND OTHERS
2026 INSC 983 · CIVIL APPEAL NO. 1718 OF 2016
Coram: Justice Prashant Kumar Mishra · Justice Shree Chandrashekhar
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Answer

Adverse possession requires actual, open, continuous and hostile possession denying the true owner's title, not mere long possession from a lawful or permissive origin.

Yes. A person asserting adverse possession must establish by clear and unequivocal evidence that the possession was actual, open, continuous and hostile so as to amount to a denial of the true owner's title; possession referable to a lawful or permissive origin does not automatically mature into adverse possession merely by lapse of time.

Headnote

Code of Civil Procedure, 1908 — s.100 — Second appeal — Property — Revenue records — Title — Dedication — Adverse possession — Evidence — Revenue records — Proof of possession, not title — Held: Revenue entries such as Jamabandis and Khasra Girdawaris are relevant evidence of possession but do not, by themselves, create or extinguish title, which must be established through substantive evidence of its source. (¶23) Property — Dedication to a religious institution — Burden of proof — Held further: The burden of establishing a valid dedication of property to a religious institution lies on the party asserting it, which must show a clear and unequivocal intention to permanently divest ownership. (¶25) Limitation Act, 1963 — Adverse possession — Hostile animus required — Held further: Adverse possession requires actual, open, continuous and hostile possession denying the true owner's title, not mere long possession from a lawful or permissive origin. (¶28, 31) Code of Civil Procedure, 1908 — s.100 — Concurrent findings — Misapplication of law — Held further: Concurrent findings of fact are not immune from interference in second appeal where vitiated by a misapplication of law or an erroneous understanding of settled legal principles; appeal dismissed, the finding of adverse possession set aside. (¶40, 43, 44)

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In the Court's own words
Paragraph 28In T. Anjanappa and Others vs. Somalingappa and Another[^6], this Court reiterated that adverse possession contemplates possession which is hostile to the title of the true owner. A person asserting such a plea must establish by clear and unequivocal evidence that his possession was actual, open, continuous and hostile, so as to amount to a denial of the true owner's title. Mere long possession, however uninterrupted, is insufficient unless accompanied by the requisite hostile animus. Where possession can be referred to a lawful or permissive origin, it cannot be regarded as adverse merely by lapse of time.
Paragraph 31The Trial Court and the First Appellate Court appear to have equated long and uninterrupted possession with adverse possession. Such an approach, with respect, overlooks the settled distinction between the two concepts. Long possession may furnish evidence of physical occupation, however it does not, by itself, establish that such possession was adverse in law. The doctrine of adverse possession does not reward longevity of occupation alone. It protects only such possession as is accompanied by a conscious and hostile assertion of ownership in denial of the rights of the true owner. Unless the element of hostility is affirmatively established, the plea must necessarily fail. [See: Government of Kerala and Another vs. Joseph and Others[^7]]
Acts & Sections
s.100 Code of Civil Procedure, 1908

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Also decided in this judgment
Do revenue entries such as Jamabandis and Khasra Girdawaris create or extinguish title?Does the burden of establishing a valid dedication of property to a religious institution lie on the party asserting it?
Plain-language answer prepared by the LexStreak Editorial Desk — verify against the judgment. Source: Supreme Court of India. Corrections