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march 1989

Supreme Court of India · 1989-03-30

SMT. CHANDRAKANTABEN ETC. vs VADILAL BAPALAL MODI & OTHERS.

Citation / case number
SC 1973/60416
Court
Supreme Court of India
Petitioner
SMT. CHANDRAKANTABEN ETC.
Respondent
VADILAL BAPALAL MODI & OTHERS.
Author
L.M. SHARMA
Bench
L.M. SHARMA

Judgment text excerpt

The Supreme Court addressed the issue of partition of property under the Indian Evidence Act, 1872, specifically Sections 34, 61, and 114, and the Limitation Act, 1963, Article 65. The Court held that the entries in the account books were not supported by evidence and thus could be rejected. It established that actual physical possession is not necessary to prove adverse possession, and that an agent collecting rent cannot claim joint possession. The Court ultimately upheld the High Court's decision to grant a decree for partition, reversing the finding of adverse possession.

SMT. CHANDRAKANTABEN ETC. vs VADILAL BAPALAL MODI & OTHERS. · Niyam