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

2017 Supreme(Ker) 1410

B.KEMAL PASHA
K. C. Ninan – Appellant
Versus
State of Kerala – Respondent


JUDGMENT

B. Kemal Pasha, J.

1. (1) Whether the period of appellant's possession over the property in question can be 'tacked' with the period of possession of that property by the predecessor-in-interest?

(2) Whether unknown possession can invite adverse possession?

(3) When the rights of the Government over a piece of property had already extinguished in the year 1998 due to the operation of Section 27 of the Limitation Act, can an application on behalf of the possessor for assignment of that property in the year 2003 dis-entitle the possessor to claim adverse possession?

2. The plaintiff in O.S.No.199/2007 of the Principal Munsiff's Court, Kochi is the appellant herein. The suit is one for declaration of the plaintiff's title and possession over the plaint schedule property, for a perpetual injunction restraining the defendants from trespassing into the plaint schedule property and from interfering with the plaintiff's possession and enjoyment of the plaint schedule property, and from committing any waste thereon.

3. The plaint schedule property is shown in the plaint as 17.5 cents of land and the part of building No.18/49 According to the plaintiff, the said 17.5 cents of land forms
































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