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february 2000

Supreme Court of India · 2000-02-16

RESHMU vs RAJINDER SINGH

Citation / case number
SC 1997/8358
Court
Supreme Court of India
Petitioner
RESHMU
Respondent
RAJINDER SINGH
Bench
S. SAGHIR AHMED & Y.K. SABHARWAL

Judgment text excerpt

The Supreme Court upheld the High Court's decision affirming that Suram Singh is the owner in possession of the disputed land following a pre-emption decree under Section 54 of the Transfer of Property Act. The Court clarified that actual possession was not necessary for the plaintiff to assert ownership, as he was a co-sharer in the joint khata, and the defendants' claim of adverse possession was not substantiated. The appeal by the defendants was dismissed, reinforcing the principle that pre-emption rights confer ownership despite lack of physical possession.

RESHMU vs RAJINDER SINGH · Niyam