Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 100- Appellants- plaintiffs purchased a house 1908 - ss.96 Code of Civil Procedure |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908 - ss. 96, 1OO - Appellants-plaintiff purchased a house - Original defendant (predecessor- in-interestof the respondents) was living in two rooms of the saidhouse even before its purchase by the appellants - Suit filed byappellants for declaration of their title over the entire house and· for possession of the portion of the house, which was occupied bythe original defendant - Trial court dismissed the suit - First appealby appellants was allowed - Second appeal by original defendant, allowed by High Court - On appeal, held: High Court decided thesecond appeal like a first appeal u/s. 96 inasmuch as it went onappreciating the entire oral evidence and reversing the findings offact of the first appellate court on the question of adversepossession - Such approach of High Court was not permissible inlaw - Impugned order is set aside - Judgement of the first appellatecourt, which rightly decreed the appellants' suit against therespondents is restored - Adverse Possession.Adverse Possession - Nature of the plea - Suit filed byappellants, inter alia for possession of the portion of the houseoccupied by the original defendant - Plea of adverse possessionset up by original defendant claiming to have been in possession ofthe house much prior to its purchase by appellants - Held: Plea ofadverse possession is a plea based on facts - High Court has thejurisdiction, in appropriate cases, to interfere in finding of factprovided such finding is found to be wholly perverse or when ii isG found to be against any settled principle of law or pleadings orevidence - Such errors constitute a question of law and empowerthe High Court to interfere - However, no such error is found in theinstant/ case more so when plea of adverse possession was neither"properly pleaded nor made out.Adverse Possession - Law of - Held: Mere possession, Ahowsoever long it may be, does 1101 necessarily mean that it isadverse 10 the true owner - In the instant case, the originaldefendant failed to discharge the burden to claim ownership overthe suit property or its part,, to the exclusion of the whole worldincluding its true owners, by any documentary evidence. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2017 INSC 1055 |
Petitioner | Narendra & Ors. |
Respondent | Ajabrao S/o Narayan Katare (d) Through Lrs. |
SCR | [2017] 11 S.C.R. 746 |
Judgement Date | 2017-10-26 |
Case Number | 3533-3534 |
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 |