Niyam v2 is live — start for just ₹100 — 200 credits to try

february 1971

Supreme Court of India · 1971-02-04

PROKASH CHANDRA MUKHERJEE & ORS. vs SARADINDU KUMAR MUKHERJEE & ORS.

Citation / case number
SC 1966/60041
Court
Supreme Court of India
Petitioner
PROKASH CHANDRA MUKHERJEE & ORS.
Respondent
SARADINDU KUMAR MUKHERJEE & ORS.
Bench
MITTER, G.K.

Judgment text excerpt

The Supreme Court addressed the issue of adverse possession under the Limitation Act, 1963, specifically Section 27, determining whether the defendants-appellants had perfected their title to property through twelve years of exclusive possession. The Court upheld the findings of the lower courts, concluding that the appellants failed to prove exclusive ownership of the disputed property, as there was no evidence that Bama Charan constructed the building with his own funds or that co-sharers relinquished their rights. Consequently, the appeal was dismissed, affirming the joint ownership of the property in question.

PROKASH CHANDRA MUKHERJEE & ORS. vs SARADINDU KUMAR MUKHERJEE & ORS. · Niyam