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december 1990

Supreme Court of India · 1990-12-21

K.V. SWAMYNATHAN AND ORS. vs E.V. PADMANABHAN AND ORS.

Citation / case number
SC 1980/63410
Court
Supreme Court of India
Petitioner
K.V. SWAMYNATHAN AND ORS.
Respondent
E.V. PADMANABHAN AND ORS.
Author
K.N. SAIKIA
Bench
K.N. SAIKIA

Judgment text excerpt

The Supreme Court addressed the interpretation of adverse possession under the Transfer of Property Act, 1882, specifically Sections 54 and 55(f), and clarified that the question of adverse possession arises only when there is a dispute regarding possession following a court decree. The Court upheld the concurrent findings of the trial court and High Court regarding the existence of adverse possession, emphasizing that the delivery of possession pursuant to a court decree is crucial in determining ownership rights. The appeal was dismissed, affirming the lower courts' decisions.

K.V. SWAMYNATHAN AND ORS. vs E.V. PADMANABHAN AND ORS. · Niyam