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-s.100 |
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 - s.100 - Title suit - Defendants claiming to have perfected their title by adverse possession - Suit decreed on the finding that possession was permissible - Affirmed by First Appellate Court - Second appeal - Substantial question of law was formulated as to whether by virtue of the permission, defendants acquired Bhumiswami Right under Land Revenue Code - High Court setting aside the decree answering the substantial question of law in affirmative - On appeal, held : Substantial question of law was wrongly formulated, as the same did not arise out of the issue involved i.e. adverse possession - Second appeal is maintainable only when substantial question of law is involved - Matter remitted to High Court to consider whether any substantial question of law arose - Madhya Pradesh Land Revenue Code - ss. 168 and 169.The suit of the appellant-plaintiff was decreed and affirmed by First Appellate Court on the ground that defendants-respondents were in the permissible possession of the land in question and hence cannot be said to have perfected their title by adverse possession. In Second Appeal, substantial question of law was interalia formulated as to whether the defendants had acquired Bhumiswami rights u/s 168 of Madhya Pradesh Land Revenue Code. High Court held that the defendants had acquired the right of occupancy tenant and, therefore, no decree for eviction could be passed.In appeal to this Court appellant contended that High Court could not have decided the case relying on rights u/s 168 of the Code as no issue had been formulated in that regard. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2007 INSC 965 |
Petitioner | Bakhtiy Ar Hussain (dead) Thr. Lrs. |
Respondent | Hafiz Khan And Ors. |
SCR | [2007] 10 S.C.R. 266 |
Judgement Date | 2007-09-24 |
Case Number | 497-498 |
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