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february 1977

Supreme Court of India · 1977-02-17

RAJ RANI & ANR. vs KAILASH CHAND & ANR.

Citation / case number
SC 1968/60207
Court
Supreme Court of India
Petitioner
RAJ RANI & ANR.
Respondent
KAILASH CHAND & ANR.
Author
M. HAMEEDULLAH () BEG
Bench
M. HAMEEDULLAH (CJ) BEG

Judgment text excerpt

The Supreme Court held that under Article 142 of the Limitation Act, 1908, a plaintiff admitting dispossession in title-based suits must prove actual or constructive possession within twelve years. The Court found that the lower courts failed to address this crucial question, leading to the allowance of the appeal. The judgment emphasized the necessity for the plaintiff to establish possession to maintain their claim, thereby reversing the decisions of the subordinate courts.

RAJ RANI & ANR. vs KAILASH CHAND & ANR. · Niyam