Legal Question in Civil Rights Law in India

Case Facts as follows:

Property is in Rajasthan....

Dispute regarding Adverse Possession against government

Art 112 of Limitation act (period of 30 years against government. adverse possession)

Property was Agriculture Land and of Bella nam Sarkar(means not registered on any one) and govt. transferred said property to Urban Improvement Trust(Govt. Body) and converted in urban land ..

but land is in possession since 1959..by Mr X.

X has improved that land and done construction on that land and also make some garden and shops..

1. X has files suit of prohibitory injunction in year 2005 against govt.

2. suit was dismissed in year 2010

3. Mr X. file an appeal which is pending before appellate court

Now question::::

1. Can X file a suit of declaratory on the basis of adverse possession ?

2. Is there is a restriction of Order 2 Rule 2 CPC???

Since prohibitory injunction was already dismissed and of which appeal is pending and now to file fresh suit of declaratory injunction

3. Another thing is that one document is recovered while not available during previous case proceedings regarding the adverse possession and improvement done in property by Mr. X.

admission of new facts....


Asked on 12/02/11, 4:45 am

1 Answer from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

in case Mr. X can prove that he is in adverse possession since more than 30 years by leading documentary evidence, order 2 rule 2 may not be attracted if the same plea was not taken in the earlier suit. in case the present suit, against which the appeal is filed and only interim application is dismissed, an amendment application can be filed before the trial court despite there being an appeal against the interim order.

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Answered on 12/02/11, 7:52 am


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