Supreme Court of India · 1987-11-02
M.S.JAGADAMBAL vs SOUTHERN INDIAN EDUCATION TRUST & ORS
- Citation / case number
- SC 1974/60390
- Court
- Supreme Court of India
- Petitioner
- M.S.JAGADAMBAL
- Respondent
- SOUTHERN INDIAN EDUCATION TRUST & ORS
- Author
- K. SHETTY
- Bench
- K.J. SHETTY
Judgment text excerpt
The Supreme Court held that possession continues with the title holder unless the defendant acquires title by adverse possession, as established in Basanta Kumar Roy v. Secretary of State. The Court found that the respondents did not perfect their title by adverse possession, and the appellant proved her title to the property. The appellate court's reversal of the trial judge's finding of fact was deemed improper, as it failed to consider the credibility of witnesses and material evidence, leading to the conclusion that the appellant was in possession until dispossessed in 1954.