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april 1954

Supreme Court of India · 1954-04-15

WUNTAKAL YALPI CHENABASAVANA GOWD vs RAO BAHADUR Y. MAHABALESHWARAPPA AND ANOTHER.

Citation / case number
SC 1953/1445
Court
Supreme Court of India
Petitioner
WUNTAKAL YALPI CHENABASAVANA GOWD
Respondent
RAO BAHADUR Y. MAHABALESHWARAPPA AND ANOTHER.
Bench
MUKHERJEA, B.K.

Judgment text excerpt

The Supreme Court held that once a co-sharer's possession becomes adverse due to ouster, the mere assertion of joint title by the dispossessed co-sharer does not interrupt the running of adverse possession. The dispossessed co-sharer must actively re-enter or resume possession to break the exclusive possession of the other co-sharer. The Court clarified that a mental act of acknowledgment by the dispossessed co-sharer, without any change in possession, does not affect the continuity of adverse possession of the dispossessor.

WUNTAKAL YALPI CHENABASAVANA GOWD vs RAO BAHADUR Y. MAHABALESHWARAPPA AND ANOTHER. · Niyam