Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Suit – Suit filed for putting up a boundary wall/fence on land – |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Suit – Suit filed for putting up a boundary wall/fence on land – Trial Court dismissed the suit, which was confirmed by the First Appellate Court – High Court, however, allowed second appeal and decreed the suit by upsetting concurrent findings recorded by both the Courts below and holding that defendant Nos. 1 to 3 could not have more than 10 cents of land as kudikidappukars and therefore, the plaintiffs were entitled to put up the boundary as per the Commissioner’s Plan and Report beyond the excess of 10 cents land – Held: In an earlier round of litigation instituted by the original landowner-predecessor-in-title of the plaintiffs, he was held to be entitled to land to the extent of 2 acres and 35 cents – Therefore, to that extent only the plaintiffs can protect their possession by putting up the boundary wall/fence and not beyond 2 acres and 35 cents – What apparently weighed with the High Court was that defendant Nos. 1 to 3 were entitled to only 10 cents as kudikidappukars – However, in a suit praying for putting up a boundary wall/fence filed by the plaintiffs, the High Court in a second appeal could not have given the findings that the defendants were entitled to only 10 cents as kudikidappukars – Judgment and decree passed by Trial Court confirmed by the First Appellate Court, accordingly, restored. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2022 INSC 773 |
Petitioner | Raghavan Sasikumar |
Respondent | Parameswaran Nadar Sathyananadhan Nadar Kanakottu Padippura Veedu And Ors. |
SCR | [2022] 6 S.C.R. 830 |
Judgement Date | 2022-08-01 |
Case Number | 4837 |
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