Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Civil Procedure Code 1908-Order 20 Rule 14 (1) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Civil Procedure Code, 1908-Order 20 Rule 14(1)-Pre-emption-Land in question sold by joint owner-Pre-emption suit filed by original plaintiff who was the son of other joint owner-Suit decreed in favour of original plaintiff and pre-emption amount deposited-Another suit filed by original plaintiff for declaration of ownership against the appellants who are successors of the vendees-Trial Court declared ownership of the original plaintiff although possession was with appellants-First Appellate Court granted ownership to the appellants on basis of adverse possession-High Court reversed the judgment as plea of adverse possession had never been taken before-On appeal, Held, the title of decree holder accrues from date of payment of pre-emption amount as per decree-No actual possession required to be obtained or delivered-Dismissal of execution petition inconsequential since original plaintiff was in joint possession. |
Judge | Honble Mr. Justice Y.K. Sabharwal |
Neutral Citation | 2000 INSC 78 |
Petitioner | Reshmu And Ors. |
Respondent | Rajinder Singh And Ors. |
SCR | [2000] 1 S.C.R. 893 |
Judgement Date | 2000-02-16 |
Case Number | 5110 |
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