SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2019 Supreme(SC) 840

ARUN MISHRA, VINEET SARAN
Krishnamurthy S. Setlur (D) Through Lrs. – Appellant
Versus
O. V. Narasimha Setty (D) By Lrs. – Respondent


Advocates Appeared:
For the Appellant(s) :Arun K. Sinha, Sunil Sinha, Sinha S.N., Nayan Dubey, S. Verma, Joseph Aristotle, Priya Aristotle, Rijut Sarkar, Advocates
For the Respondent(s):P.N. Puri, Reeta Dewan Puri, Seema Chettri, D. Bharat Kumar, Tadimalla Bhaskar Gowtham, Aman Shukla, Abhijit Sengupta, A.N. Arora, Abhijit Sengupta, Hetu Arora Sethi, Advocates

ORDER :

1. The instant appeals involve a preliminary issue as to whether plaintiff can take the plea of adverse possession in view of the interpretation of Article 65 of the Limitation Act, 1963. A Three-Judge Bench of this Court in Ravinder Kaur Grewal & Ors. v. Manjit Kaur & Ors. (Civil Appeal No.7764 of 2014) has decided the similar issue on 7th August, 2019, by holding as under:

“56. Possession is the root of title and is right like the property. As ownership is also of different kinds of viz. sole ownership, contingent ownership, corporeal ownership, and legal equitable ownership. Limited ownership or limited right to property may be enjoyed by a holder. What can be prescribable against is limited to the rights of the holder. Possession confers enforceable right under Section 6 of the Specific Relief Act. It has to be looked into what kind of possession is enjoyed viz. de facto i.e., actual, ‘de jure possession’, constructive possession, concurrent possession over a small portion of the property. In case the owner is in symbolic possession, there is no dispossession, there can be formal, exclusive or joint possession. The joint possessor/coowner possession is not presumed to be







Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top