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-Substantial question of law- When not- Suit by appellant-plaintiff claiming decree/or possession in relation to suit land-Plaintiff claimed ownership o.f suit land through inheritance after death of her father alleging that the defendant was in unlawful possession of the suit land without any right, title and interest therein-Respondent also claimed inheritance of suit property as adopted son of plaintiff's father and further claimed adverse possession over the property - Trial court decreed appellant's suit - First appellate Court affirmed the judgment and decree of trial court - Second appeal by defendant, allowed - On appeal, held: When the Trial Court and Fil:~t Appellate Court concurrently decreed plaint!ff 's suit by recording all the findings of facts against the defendant then such findings of facts were binding on High Court - The findings were neither perverse on facts/ pleadings/evidence nor against any provisions a.flaw-Therefore, the second appeal did not involve any question of law much less substantial question of !aw within the meaning of s.100-impugned judgment of High Court set aside and that of trial court and first Appellate Court restored. Mohammedan Law -Adoption - Suit for possession - Defendant claimed inheritance of suit property as adopted son of plaintiff's father Held: It is a settled principle of Mohammedan Law that it does not recognize adoption - Thus, in the light of settled legal position defendant's plea of adoption for proving ownership, cannot be accepted. Adverse possession: Claim of-Against whom - Suit/or possession by plaintiff claiming to be the owner - Defendant inter alia claimed possession on the basis of G adverse possession - However, denied the ownership of plaintiff- Held: H The person, who claims title over the property on the strength of adverse possession is required to prove his case only against the true owner of the property-Thus, such person must necessarily first admit the ownership of the tnie owner over the property-However, in the present case, the defendant did not admit the plaintiff's ownership over the suit land and, therefore, the issue of adverse possession, could not have been tried successfully at the instance of the defendant as against the plaintiff. Plea of-Burden of proof-Held: Plea of adverse possession being a plea based on/acts, is required to be proved by the party raising it. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2017 INSC 360 |
Petitioner | Dagadabai (dead) By L.rs. |
Respondent | Abbas @ Gulab Rustum Pinjari |
SCR | [2017] 4 S.C.R. 760 |
Judgement Date | 2017-04-18 |
Case Number | 83 |
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