Supreme Court of India · 1965-02-12
GURBINDER SINGH AND ANOTHER vs LAL SINGH AND ANOTHER
- Citation / case number
- SC 1963/265
- Court
- Supreme Court of India
- Petitioner
- GURBINDER SINGH AND ANOTHER
- Respondent
- LAL SINGH AND ANOTHER
- Author
- SUBBARAO, K.,DAYAL, RAGHUBAR,MUDHOLKARR.,BACHAWAT, R.S.,RAMASWAMI, V.
- Bench
- SUBBARAO, K.,DAYAL, RAGHUBAR,MUDHOLKAR, J.R.,BACHAWAT, R.S.,RAMASWAMI, V.
Judgment text excerpt
The Supreme Court held that Article 142 of the Indian Limitation Act, 1908 does not apply as the plaintiffs were never in possession of the property, while Article 144 was applicable but the suit was not barred by time. The Court clarified that adverse possession began in October 1938, but the total adverse possession claimed was less than 12 years, thus failing to meet the limitation period. The Court emphasized that the adverse possession of independent trespassers cannot be tacked onto that of the original possessor for the purpose of establishing a claim under Article 144.