Supreme Court of India · 1981-02-06
KSHITISH CHANDRA BOSE vs COMMISSIONER OF RANCHI
- Citation / case number
- SC 1971/60358
- Court
- Supreme Court of India
- Petitioner
- KSHITISH CHANDRA BOSE
- Respondent
- COMMISSIONER OF RANCHI
- Author
- SYED MURTAZA FAZALALI
- Bench
- SYED MURTAZA FAZALALI
Judgment text excerpt
The Supreme Court clarified the law of adverse possession, stating that continuous, open possession without concealment suffices for establishing title by prescription under Section 27 of the Limitation Act. The Court held that the High Court exceeded its jurisdiction under Section 100 of the Civil Procedure Code by reversing concurrent findings of fact from the trial and appellate courts. The appeal was allowed, and the High Court's judgment was set aside, reaffirming the principles laid down in Keshardeo Chamria v. Radha Kissen Chamria and others.