Person claiming adverse possession must show not only his possession but that mutation entries are mad in accordance with land record and he must further show that the owner had knowledge of that

Art. 65 — Adverse possession Limitation Act, 1963 — Proof of — Person claiming adverse possession must show not only his possession but that mutation entries are made in accordance with land record and he must further show that the owner had knowledge of that 

Any person who claims the right of adverse possession must show that he has been in conti nuous possession over the land in question. His name has been duly incorporated in terms of the record prepared under the Land Record Manual. The Khatauni which is prepared should be in accordance with the provisions of the Land Record Manual and thus the person pleading adverse possession must show not only his possession but the entries have been prepared in accordance with the provisions of the Land Record Manual and the same was also in the knowledge of the true owner who has been served with Form PA10 and despite the same he did not take any action to seek the eviction of such person in terms of the limitation provided only then the right can be claimed. It is also to be remembered that since the person pleading adverse possession does not have any spe cial equities in his favour, consequently, it is his burden to discharge and show that the entries were prepared in accordance with law and in case if the entries have not been prepared in accordance with the provisions contained in the Land Record Manual then the plea cannot be successfully allowed. If the plea of adverse possession of the petitioner is tested in the light of the law as noticed hereinabove, this Court has no hesitation to hold that the plea has not been substantially either pleaded with necessary particulars nor it has been proved as required in law. 

Case Law:

Bhagwati Deen vs. Sheetladin, 

Citation:

2022 AIR CC 1937 (All.)