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september 2000

Supreme Court of India · 2000-09-12

SMT. DILBOO (DEAD) BY LRS. vs SMT. DHANRAJI (DEAD) .

Citation / case number
SC 1982/63054
Court
Supreme Court of India
Petitioner
SMT. DILBOO (DEAD) BY LRS.
Respondent
SMT. DHANRAJI (DEAD) .
Author
S.N. VARIAVA V.N. KHARE
Bench
S.N. VARIAVA J. V.N. KHARE J.

Judgment text excerpt

The Supreme Court held that the High Court erred in overstepping its jurisdiction by re-evaluating evidence and overturning concurrent findings of fact by lower courts in Second Appeal No. 2100 of 1973. The Court emphasized that the principles of res judicata and adverse possession were applicable, as the claimants had established their title through long-standing possession and transactions, including a mortgage executed in 1902 and subsequent sales. The appeal was allowed, and the High Court's order was set aside, reaffirming the lower courts' decisions.

SMT. DILBOO (DEAD) BY LRS. vs SMT. DHANRAJI (DEAD) . · Niyam