Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Suit - Suit for possession and injunction - Counter claim - Title by adverse possession -Appellant's father in unauthorized occupation of land belonging to respondent no.1-Wakf Board |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Suit - Suit for possession and injunction - Counter claim - Title by adverse possession -Appellant's father in unauthorized occupation of land belonging to respondent no.1-Wakf Board - Suit by respondent No. l against appellant's father for recovery of possession of the land - Suit dismissed in default - After two decades respondent No.1 filed suit against the appellant for possession and injunction as also against respondent no. 2 and 3 - Counter claim by appellant claiming ownership over the suit land on the basis of perfecting his title by "adverse possession' against the Wakf Board - Dismissal of respondent no.1 suit but counterclaim decreed - However, appellate court and High Court decreed respondent no. l 's suit declaring Wakf Board to be the owner of the suit land - On appeal, held: Respondent no. 1 being a Wakf Board, the period of 30 years is applicable to establish the factum of "adverse possession" by any person against any Wakf property - Appellant could not establish his 30 years' continuous possession qua the respondent no. 1 because the continuity was broken twice by the positive act on the part of true owner-Walif Board first in 1971 and then in 1991 by asserting their ownership over the suit land - Thus, the appellant failed to prove adverse possession on facts and law - Furthermore, instant suit not barred by virtue of r. 4 of Or. 9 CPC - Even otherwise, instant suit could be filed notwithstanding dismissal of the earlier suit since the parties and even part of the cause of action qua defendants were different in both the suits - Also, the plea that since the suit was filed in 1971, it was barred uls. 55-C of the amended Wakf Act, cannot be accepted - Adverse possession - Code of Civil Procedure, 1908 - Or. 9 r. 9 - Walif (Amendment) Act, 1984. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2017 INSC 899 |
Petitioner | Dharampal (dead) Thr. Lrs. |
Respondent | Punjab Wakf Board & Ors. |
SCR | [2017] 8 S.C.R. 316 |
Judgement Date | 2017-09-13 |
Case Number | 2571 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |