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.