Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Adverse Possession |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Adverse Possession: Suit for possession – Asserting their title by purchase of property through Managing Officer – Alleging defendants being in unauthorised possession – Trial Court admitted the title but dismissed the suit on the ground of limitation and recognising the right of defendants by adverse possession – Appellate Court decreed the suit – In second appeal, High Court on the ground of adverse possession by defendants dismissed the suit – Appeal to Supreme Court – Held: Plea of adverse possession is always founded on acceptance of ownership of property in another person – In the instant case, defendants never accepted the ownership either of the plaintiff or the Managing Director – Hence, cannot be said to have perfected their right by adverse possession. |
Judge | Hon'ble Mr. Justice Hemant Gupta |
Neutral Citation | 2020 INSC 42 |
Petitioner | Shri Uttam Chand (d) Through Lrs. |
Respondent | Nathu Ram (d) Through Lrs. & Ors. |
SCR | [2020] 5 S.C.R. 1 |
Judgement Date | 2020-01-15 |
Case Number | 190 |
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