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.