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

2003 Supreme(All) 1843

KAMAL KISHORE
RAM ANEK – Appellant
Versus
. RAJ PATI – Respondent


Advocates Appeared:
A.K.SHARAD, GURU CHARAN, I.D.DWIVEDI, M.R.MISHRA, P.S.MEHRA, R.H.MAURYA, R.K.MISHRA, R.P.Shukla, S.S.Nigam

KAMAL KISHORE, J.

( 1 ) THIS is the second civil appeal against the judgment and decree dated 24. 11. 1982 passed by the then learned IInd Additional District Judge, Sultanpur allowing the appeal and setting aside the judgment and decree passed by the then learned Ist Additional Munsif, Sultanpur in Regular suit No. 255 of 1976, which was a suit for permanent injunction,

( 2 ) THE following question of law has been formulated : "whether the judgment of the First Appellate Court is perverse and illegal?"

( 3 ) I have heard arguments and have gone through the record.

( 4 ) ADMITTEDLY, defendants-appellants are the heirs of Ram Bux. The defendants-appellants claim title through the sale deed executed by Smt. Sundara the widow of Bindra, who was the real brother of the aforesaid Ram Bux. The plaintiffs-respondents claim themselves to be the exclusive owner of the property in suit by adverse possession.

( 5 ) IT has been held by Honble Supreme Court in 2001 (19) LCD 1082 ; that the person claiming title by adverse possession has to prove that his possession is adequate in continuity, in publicity and in extent and to show when possession becomes adverse. Purcha Yaddast was also found forg








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