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Occupancy By Itself Does Not Create Any Title Or A Right To Remain In Possession

In SAVYASACHI K. SAHAI vs Union Of India, the Delhi High Court has dismissed a review petition filed by four applicants who claimed to be the sons of previous Mutawalli or caretakers of the dargah at Amir
Khusro Park and, therefore, asserted their right to some construction inside the tikona graveyard park, also known as Amir Khusro park.

After examining all the submissions and evidence on record, a division bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar held that presumption of possession over an open land always is deemed to be that of the owner and not of a trespasser. An open place of land shall be presumed to be in possession of the owner unless it is proved by the trespasser that he had done some substantial acts of possession over the land, which may excite the attention of the owner that he has been dispossessed.

 Article referred: http://www.livelaw.in/occupancy-not-create-title-right-remain-possession-delhi-hc-dismisses-claim-encroachers-dargah-land-read-judgment/

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