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Ketabdi Sheikh Vs. Tola Bibi and ors. - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in38Ind.Cas.187
AppellantKetabdi Sheikh
RespondentTola Bibi and ors.
Excerpt:
adverse possession - co-sharers--possession of one when becomes adverse to others. - .....jamai lands in exclusion of others for more than 12 years and has acquired a right to it by her adverse possession.'2. it appears, however, that these others are her co-sharers. now, in order to acquire a title by adverse possession against co-sharers, it must be proved that the title of the co-sharers was disclaimed to their knowledge, and possession held by excluding them. it does not appear that the mind of the learned judge was directed to this aspect of the case.3. we think, therefore, that there ought to be a clear finding on this point, that is to say, whether the possession of tola bibi in the jamai lands was adverse to the knowledge of her co-sharers for the statutory period, so as to give her a statutory title.4. the appeal will be retained on the file of this court.5. the.....
Judgment:

1. The learned Judge has found on appeal that it is clear that Tola Bibi alone was in possession of the jamai lands in exclusion of others for more than 12 years and has acquired a right to it by her adverse possession.'

2. It appears, however, that these others are her co-sharers. Now, in order to acquire a title by adverse possession against co-sharers, it must be proved that the title of the co-sharers was disclaimed to their knowledge, and possession held by excluding them. It does not appear that the mind of the learned Judge was directed to this aspect of the case.

3. We think, therefore, that there ought to be a clear finding on this point, that is to say, whether the possession of Tola Bibi in the jamai lands was adverse to the knowledge of her co-sharers for the statutory period, so as to give her a statutory title.

4. The appeal will be retained on the file of this Court.

5. The finding must be returned to this Court within six weeks under Order XLI, Rule 25, of the Civil Procedure Code.


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