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PETITIONER: WUNTAKAL YALPI CHENABASAVANA GOWD
Vs.
RESPONDENT: RAO BAHADUR Y. MAHABALESHWARAPPA AND ANOTHER.
DATE OF JUDGMENT: 15/04/1954
BENCH: MUKHERJEA, B.K. BENCH: MUKHERJEA, B.K. BOSE, VIVIAN HASAN, GHULAM AIYYAR, T.L. VENKATARAMA
CITATION: 1954 AIR 337 1955 SCR 131 CITATOR INFO : R 1971 SC1337 (17)
ACT: Co-sharers--Joint property-Adverse possession by a co- sharer against another co-sharer-Ouster--Principles applicable thereto.
HEADNOTE: Once it is hold that a possession of a co-sharer has become adverse to the other co- sharer as a result of ouster, the mere assertion of his joint title by the dispossessed co-sharer would not interrupt the running of adverse possession. He must actually and effectively break up the exclusive possession of his co-sharer by re-entry upon the property or by resuming possession in such manner as it was possible to do. It may also check the running of time if the co-sharer who is in exclusive possession acknowledges the title of his co-owner or discontinues his exclusive possession of the property. The fact that one co-sharer who bad allowed himself to be dispossessed by another co-sharer as a result of ouster exhibited later on his animus to treat the property as the joint property of himself and his co-sharer cannot arrest the running of adverse possession in favour ...