Mutation entry about right to well water surrepetitiously changed behind the back of owner - Question of raising objection cannot arise at all and such change cannot confer any right even after long lapse of time - Co-owner or co-sharer cannot claim ownership by adverse possession of the property owned jointly.

Citation

AIR 1998 BOMBAY 114

BOMBAY HIGH COURT

(Principal Seat at BOMBAY)

S. RADHAKRISHNAN , J.

Second Appeal No. 40 of 1990, D/- 6 - 11 - 1997

Bhaguji Bayaji Pokaleand others Appellants v. Kantilal Baban Gunjawate and others Respondents

(A)Evidence Act (1 of 1872), S.35 - Entry in revenue record - Mutation entry about right to well

water surrepetitiously changed behind the back of owner - Question of raising objection cannot

arise at all and such change cannot confer any right even after long lapse of time.

AIR 1997 SC 2181 and 1996 (1) Mah LJ 209, Rel. on.

 (Para 10) 

(B)Limitation Act (36 of 1963), Art.64, Art.65 - Co-owner or co-sharer cannot claim ownership

by adverse possession of the property owned jointly.

AIR 1956 SC 548, AIR 1984 Guj 32, Rel. on.

 (Para 10)