Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Acquisition of suit property |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Ancient Monuments Preservation Act, 1904:Wakf Act, 1954-Sections 4, 26 and 56:Karnataka Land Revenue Act, 1964-Section 67:Acquisition of suit property by Government of India as ancient protected monument-Acquisition proved by documentary and ocular evidence-Inquiry under Revenue Act and declaration of the property as Wakf property by Notification-Suit by Government to declare the Notification as invalid and declaring Government as the owner by adverse possession-Suit decreed-High Court affirmed the finding of trial Court holding that Government is owner even by adverse possession-On appeal, held: Suit property is Government property and not Wakf property-However, the plea of adverse possession is unsustainable as the same neither pleaded nor proved-Ancient Monuments and Archaeological Sites and Remains Act, 1958. Code of Civil Procedure, 1908-Order XLI, Rule 27-Additional evidence-Plea to adduce at the final stage of case in appellate Court-Nature of documents not known-Held: Additional evidence not to be adduced as there was ample time during pendency of the case in the trial as well as appellate Court.Adverse possession-Meaning and nature of-Discussed. |
Judge | Honble Mr. Justice S. Rajendra Babu |
Neutral Citation | 2004 INSC 276 |
Petitioner | Karnataka Board Of Wakf |
Respondent | Government Of India And Ors. |
SCR | [2004] Supp. (1) S.C.R. 255 |
Judgement Date | 2004-04-16 |
Case Number | 16899 |
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