Supreme Court of India · 1999-09-22
PRATAP SINGH vs DEPUTY DIRECTOR OF CONSOLIDATION .
- Citation / case number
- SC 1981/62973
- Court
- Supreme Court of India
- Petitioner
- PRATAP SINGH
- Respondent
- DEPUTY DIRECTOR OF CONSOLIDATION .
- Author
- SAGHIR AHMAD
- Bench
- S.S.AHMAD R.P.SETHI
Judgment text excerpt
The Supreme Court addressed the conflict regarding the commencement of the limitation period under Section 209 of the U.P. Zamindari Abolition and Land Reforms Act, holding that the period does not start from the date of vesting but from the date of demand for possession by the mortgagor. The Court upheld the Full Bench decision in Balwant & Ors. vs. The Deputy Director of Consolidation, clarifying that the possession of a mortgagee whose rights have extinguished is not automatically adverse. The Court ultimately set aside the judgment of the Deputy Director of Consolidation, allowing the writ petition filed by the respondents.