Supreme Court of India · 1986-10-15
HARI CHAND @ HARISH CHANDRA vs SHRI DAULAT RAM
- Citation / case number
- SC 1971/60319
- Court
- Supreme Court of India
- Petitioner
- HARI CHAND @ HARISH CHANDRA
- Respondent
- SHRI DAULAT RAM
- Author
- B.C. RAY
- Bench
- B.C. RAY
Judgment text excerpt
The Supreme Court upheld the High Court's decision that the partition deed dated 17th March 1963 did not constitute a partition by metes and bounds, thereby affirming the dismissal of the appellant's suit. The Court found no evidence of possession by the appellant's vendor prior to the sale, and established that the disputed wall and khaprail had existed for over 28 years, contradicting the appellant's claims. The judgment emphasized the necessity of clear pleadings regarding partition and possession, ultimately dismissing the appeal.