Y SHAMUNGOU SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) The writ petitioners/appellants being aggrieved by JUDGMENT & ORDER dated 17.3.97 passed hy learned Single Judge of this Court, Imphal Bench, in Civil Rules Nos. 205/81, 210/81, 94/80, 209/81, 116/81, 149/80 and 206/81, thereby dismissing the writ petitions as devoid of any merits raising highly contentions issues based on disputed questions of facts involving decision on title over immovable properly, have preferred these appeals.

(2.) Heard learned counsel for the appellants. It was strenuously urged that Section 14 (2) of Ihe Manipur Land Revenue and Land Reforms Act, I960 provides for allotment of land and the writ petitioners/appellants, who have been in peaceful possession an enjoyment of the land, deserve such allotment: their prayer is pending for long; they cannot be dispossessed. They also claimed perfection of title hy operation of the doctrine of adverse possession. At the same lime and in the same breath it was also argued that the writ petitioners/appellants are in permissive possession of the respective plots of land. They have also found fault with the manner in which occupants are being evicted. According to them, it is wholly discriminatory. Placing strong reliance on the judgment of the Supreme Court as reported in Govt. of Andhra Pradesh Vs. Thummala Krishna Rao und anr., AIR 1982 SC 1081, learned counsel contended that if there is a bona fide dispute of title Ehe Government is precluded from taking unilateral decision of eviction. Lastly it was urged that no effeclive opportunity of hearing was given to the writ petitioners/appellants inasmuch as when prayed for, the hearing was not adjourned, the Sr. counsel was busy in another Court arguing other matters.

(3.) 'Adverse possession' means hostile possession which is expressly or impliedly in denial of the title of the true owner. Such possession must be actual and exclusive under a claim of right, adequate in continuity, in publicity and in extent, so as to show that it is adverse to the true owner. Such possession in denial of the title of the true owner must be peaceable, open and continuous. It must be open and hostile enough to be capable of being known to the party interested. Classical requirement of adverse possession is that it should be 'nec vi, nec clan precario'.