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.