Gujarat High Court
Property and Real Estate LawCivil Procedure and Evidence

Long possession alone does not establish adverse possession without pleading and proving when possession became hostile.

NAGINBHAI CHHANABHAI RATHOD vs ASHOKKUMAR MANIBHAI DESAI

Gujarat High CourtJUDGMENT: October 08, 20262 MIN READSOURCE JUDGMENT
Long possession alone does not establish adverse possession without pleading and proving when possession became hostile.. NAGINBHAI CHHANABHAI RATHOD vs ASHOKKUMAR MANIBHAI DESAI. Gujarat High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The plaintiff claimed ownership of the suit land under a registered sale deed dated 12 March 2008 and sued to recover possession from the defendants.

Source reference: p. 2

The defendants asserted that they and their predecessors had possessed the land for more than 50 years and claimed title by adverse possession.

Source reference: p. 2

The Trial Court found that the plaintiff had acquired ownership and that the defendants had not proved adverse possession, but dismissed the suit.

Source reference: p. 4

The First Appellate Court reversed that decree and allowed the plaintiff’s appeal.

Source reference: p. 4

Defendant No. 1 challenged that decision under Section 100 CPC; the defendants had filed neither a counterclaim at trial nor a cross-appeal or cross-objection against the Trial Court’s adverse-possession finding.

Source reference: p. 4
02

Issues

Whether the appeal raised a substantial question of law warranting interference under Section 100 CPC with the First Appellate Court’s decree for possession

Source reference: para. 10, 12

Whether the defendants’ asserted long possession established adverse possession despite the absence of proof identifying when their possession became hostile to the true owner

Source reference: para. 8–9
03

Law Applied

Section 100 CPC confines a second appeal to cases involving a substantial question of law; the High Court ordinarily cannot reappreciate evidence or disturb factual findings unless they are vitiated by perversity, a legal error, inadmissible evidence, or absence of evidence.

Source reference: p. 7–8

The Court relied on Russi Fisheries (P) Ltd. v. Bhavna Seth, 2026 SCC OnLine SC 555, and Jaichand (Dead) through LRs v. Sahnulal, 2024 SCC OnLine SC 3864, on those limits.

Source reference: p. 7–8

A plea of adverse possession must be specifically pleaded and proved, including the date and circumstances from which possession became hostile; long possession alone is insufficient.

Source reference: p. 5–6

The Court applied the principles quoted from Bhag Singh (Dead) by LRs v. Basant Kaur (Dead) by LRs, AIR 2026 SC 4303.

Source reference: p. 5–6
04

Reasoning

The plaintiff’s title under the registered sale deed and the defendants’ possession were established, but the defendants showed no right, title, or interest in the land.

Source reference: para. 7–10

The Trial Court had rejected the adverse-possession plea, and the defendants did not challenge that finding before the First Appellate Court.

Source reference: para. 7–10

Their assertion of possession for more than 12 years did not establish when or how that possession became hostile, as required for adverse possession.

Source reference: para. 7–10

The Court found no perversity or other legal basis to disturb the First Appellate Court’s decision and held that the appeal disclosed no substantial question of law.

Source reference: para. 7–10, 12
05

Holding

The High Court dismissed the second appeal in limine, confirmed the First Appellate Court’s judgment and decree, and ordered that the decree be drawn accordingly.

There was no order as to costs.

Source reference: para. 12–14

The connected civil application for stay was disposed of as not surviving.

Source reference: para. 12–14
06

Acts & Sections Cited

1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.

Code of Civil Procedure, 19081

Gujarat High Court

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NAGINBHAI CHHANABHAI RATHODvsASHOKKUMAR MANIBHAI DESAI

Gujarat High Court · October 08, 2026

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