NDLI: Narasamma & Ors. Vs. A. Krishnappa (dead) Through Lrs.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Suit Possession
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Suit – Possession – Predecessor-in-interest of the respondents (original plaintiff) filed a suit against the predecessor-in-interest of the appellants (original defendant) in respect of a schedule property – Original plaintiff claimed himself to be the full and absolute owner of the schedule property and sought directions for defendant to remove the temporary structure on the schedule property and put the plaintiff in vacant possession of the said property – The suit was resisted by the original defendant and it was stated that plaintiff ’s brother had executed sale agreement on 10.10.1976 in favour of defendant’s wife and she was put in possession of the schedule property – However, sale deed was not registered – Defendant also pleaded adverse possession in his written statement – It was also stated that a General Power of Attorney was executed in favour of defendant’s wife on 08.08.1988 by plaintiff ’s brother – The trial Court held that it was a case of continuous possession since 1976, thus defendant had perfected their title to the schedule property and relief of possession to plaintiff was declined – However, the judgment of the trial Court also showed inconsistencies in documents i.e. agreement of sale, General Power of Attorney, affidavit and deposition of DW-2 – The High Court decreed the suit against the heirs of the original defendant, as original defendant expired – On appeal, held: The High Court re- examined in extenso the evidence produced by both the parties and affirmed the findings arrived at by the trial Court regarding the inconsistencies in the agreement of sale and General Power of Attorney – Further, it was also held that the General Power of Attorney dated 08.08.1988 revealed that plaintiff ’s brother was in possession of property as on 08.08.1988 – As the sale deed was not registered and ground taken that there was bar/prohibition on transfer of land was not proved – There is no reason to disturb the concurrent findings of the courts below – Thus, plea of possessed title of defendant’s wife was not established on basis of the documents propounded – As far as alternative plea of adverse possession is concerned, the claim of title from 1976 and plea of adverse possession also from 1976 cannot simultaneously hold – In order to establish adverse possession an enquiry is required to be made into the starting point of such adverse possession and, thus, when the recorded owner got dispossessed would be crucial – In the instant case, this fact has not been proved – The plea of adverse possession is lacking in all material particulars – The legal position stands as evolved against the appellants herein in advancing a plea of title and adverse possession simultaneously and from the same date – Therefore, appellants directed to hand over vacant and peaceful possession of the schedule property.
Judge	Hon'ble Mr. Justice Sanjay Kishan Kaul
Neutral Citation	2020 INSC 509
Petitioner	Narasamma & Ors.
Respondent	A. Krishnappa (dead) Through Lrs.
SCR	[2020] 7 S.C.R. 528
Judgement Date	2020-08-26
Case Number	2710

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Narasamma & Ors. Vs. A. Krishnappa (dead) Through Lrs.

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Narasamma & Ors. Vs. A. Krishnappa (dead) Through Lrs.

Narasamma & Ors. Vs. A. Krishnappa (dead) Through Lrs.

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