NDLI: Baini Prasad (d) Thr. Lrs. Vs. Durga Devi

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Transfer of Property Act 1882 s. 51 Protection under
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Transfer of Property Act, 1882 (4 of 1882)
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	Transfer of Property Act, 1882 : s. 51 – Protection under – Suit by the respondent for possession of the land by demolition of the structure put on by the appellant and for permanent prohibitory injunction restraining the appellant from interfering with the said land – Appellant’s case that two years ago he had carried out construction of the verandah in the land as part of his residential house bonfidely believing it to be his own land – Suit decreed in favour of the respondent – However, the first appellate court held that the respondent not entitled to the possession of the land after demolition of the structure put up based on the principles of acquiescence, however, entitled to compensation – High Court set aside the order of the first appellate court and restored that of the trial court – Review application there against also dismissed – On appeal, held: Appellant cannot be treated as a ‘transferee’ within the meaning and for the purpose of s. 51 – To attract s. 51, the occupant of the land must have held possession under the colour of title, and his possession must have been adverse to the title of the true owner – Concurrent findings of the courts below that the respondent is the owner of the land in question and the original appellants had encroached upon it and ignoring the absence of any title made structures thereon at his own risk – Thus, the appellants not entitled to rely on the provision u/s. 51 to seek for restoration of the modification made by the first appellate court with respect to demolition and possession – Being the party propounding the application of the principle of acquiescence it was the burden of the original appellant to establish the fact that the respondent had acquiesced in the infringement of his legal right and still stood by and allowed the construction – Furthermore, in the absence of any misrepresentation by an act or omission, the mere fact that the respondent took some reasonable time to approach the court for recovery of possession cannot, be a reason to deny him the relief – No flaw, legal error, perversity or patent illegality found in the findings – Thus, the judgment of the first appellate court set aside and that of the trial court restored – Principle of acquiescence and estoppel – Evidence Act, 1872 – s. 115.
Judge	Hon'ble Mr. Justice C.T. Ravikumar
Neutral Citation	2023 INSC 95
Petitioner	Baini Prasad (d) Thr. Lrs.
Respondent	Durga Devi
SCR	[2023] 3 S.C.R. 282
Judgement Date	2023-02-02
Case Number	6182

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