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february 1958

Supreme Court of India · 1958-02-25

SHREEMATI KASHI BAI vs SUDHA RANI GHOSE AND OTHERS

Citation / case number
SC 1956/82
Court
Supreme Court of India
Petitioner
SHREEMATI KASHI BAI
Respondent
SUDHA RANI GHOSE AND OTHERS
Bench
KAPUR, J.L.

Judgment text excerpt

The Supreme Court held that the intermittent working of a coal mine by the appellants did not constitute adverse possession under the law. The Court emphasized that mere trespass and sporadic mining activities over the years were insufficient to establish exclusive possession necessary for adverse possession, as there were significant periods without any mining operations. The Court distinguished previous cases, ruling that the presumption of possession reverting to the true owner during non-working periods was not rebutted, thus affirming the lower court's decision.

SHREEMATI KASHI BAI vs SUDHA RANI GHOSE AND OTHERS · Niyam