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april 1976

Supreme Court of India · 1976-04-07

JOSE DA COSTA & ANOTHER vs BASCORA SADASHIVA SINAI NARCORNIM & ANR.

Citation / case number
SC 1968/60450
Court
Supreme Court of India
Petitioner
JOSE DA COSTA & ANOTHER
Respondent
BASCORA SADASHIVA SINAI NARCORNIM & ANR.
Author
P.K. GOSWAMI
Bench
P.K. GOSWAMI

Judgment text excerpt

The Supreme Court addressed the issue of adverse possession under the Portuguese Civil Code, specifically Articles 474, 505, 510, 528, and 529. The Court held that the appellants had been in continuous and peaceful possession of the property for over 50 years, which constituted a valid claim for title by prescription. The Court partly allowed the appeal, finding that the appellants had established their claim of possession, contrary to the lower court's conclusion.

JOSE DA COSTA & ANOTHER vs BASCORA SADASHIVA SINAI NARCORNIM & ANR. · Niyam