Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Civil Procedure 1908: |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Code of Civil Procedure, 1908:s.100(4) and Or. 14 r.1 - High Court deciding second appeal without formulating substantial question of law - Effect of - Suit for declaration of title and for possession - Plea of defendant of acquiring title by adverse possession - High Court in second appeal though not formulating any substantial question of law, but decreeing the suit holding that ingredients of adverse possession not satisfied by defendant - HELD: Judgment of High Court should only be set aside on ground of non-compliance with s. 100(4) if some prejudice has been caused to the appellant before Supreme Court by not formulating such a substantial question of law - Ratio of decisions on Order 14, r.1 will also apply when a judgment of High Court is challenged on ground that a substantial question of law was not formulated by High Court as required by s. 100(4) - On facts, parties knew well that question of adverse possession has been pleaded by defendant and evidence was led on the issue - Hence no prejudice has been caused to him by non-framing of a substantial question of law by High Court - High Court has rightly held that defendant has not been able to establish that ingredients of plea of adverse possession (nee vi, nee clam, nee precario) were satisfied by him-Tenants would vacate the residential premises and possession of premises would be handed over as directed in the judgment. |
Judge | N/A |
Neutral Citation | 2007 INSC 1192 |
Petitioner | Kannan (dead) By Lrs. And Ors. |
Respondent | V.s. Pandurangam (dead) By Lrs. And Ors. |
SCR | [2007] 12 S.C.R. 591 |
Judgement Date | 2007-11-27 |
Case Number | 5472- 5475 |
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