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february 1965

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.

GURBINDER SINGH AND ANOTHER vs LAL SINGH AND ANOTHER · Niyam