Supreme Court of India · 1965-03-19
RAI SAHIB DR. GURDITTAMAL KAPUR vs MAHANT AMAR DAS CHELA MAHANT RAM SARAN AND ORS.
- Citation / case number
- SC 1963/246
- Court
- Supreme Court of India
- Petitioner
- RAI SAHIB DR. GURDITTAMAL KAPUR
- Respondent
- MAHANT AMAR DAS CHELA MAHANT RAM SARAN AND ORS.
- Bench
- MUDHOLKAR, J.R.
Judgment text excerpt
The Supreme Court held that upon the eviction of the previous Mahant, the occupancy rights merged into the ownership rights of the appellant, extinguishing any claim by the Akhara or its successor. The Court ruled that the 1st respondent's suit for possession was barred by limitation as the appellant had maintained continuous possession for over 12 years. The Court affirmed the lower courts' decrees, establishing that the 1st respondent could not claim occupancy rights after such a period of adverse possession by the appellant.