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november 1987

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.

M.S.JAGADAMBAL vs SOUTHERN INDIAN EDUCATION TRUST & ORS · Niyam