Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Adverse possession Ownership Sale Deed Property |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Issue for consideration: Whether the High Court was justified in dismissing the suit filed by the appellant for the relief of injunction with alternative relief for possession on the ground of limitation as the respondent perfected their rights by adverse possession. Adverse possession – Suit by the appellant for the relief of injunction with alternative relief for possession – Dismissed by the High Court on the ground of limitation as the respondent perfected their rights by adverse possession having continued so since 1944 when the first suit for arrears of rent was filed – Justification: Held: Appellants got their ownership/title under the registered sale deed in 1966 – Dispute for possession vis-à-vis the respondents would arise only after the said date and not on any date prior to it – From the date of the sale deed, the suit was filed within the period of 12 years in 1975 – Even if it is assumed that the respondents were in possession from prior to 1944, their possession could not have been adverse even to the Zamindars as they were tenants and their tenancy would be permissible in nature and not adverse – There were no proceedings for possession prior to 1966 – First appellate court having recorded a specific finding that the land in suit was not covered by Zamindari Abolition as it was non-agricultural land, the claim of ownership from the date of abolition of Zamindari was also without any merit – Respondents thus having failed to establish their title, would have no right to retain the possession – Impugned judgment and order of the High Court is set aside and that of the First Appellate Court decreeing the suit for possession is maintained. [Paras 9.5-9.6] |
Judge | Hon'ble Mr. Justice Vikram Nath |
Neutral Citation | 2024 INSC 9 |
Petitioner | Brij Narayan Shukla (d) Thr. Lrs. |
Respondent | Sudesh Kumar Alias Suresh Kumar (d) Thr. Lrs. & Ors. |
SCR | [2024] 1 S.C.R. 60 |
Judgement Date | 2024-01-03 |
Case Number | 7502 |
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