Supreme Court of India · 2001-04-18
K. Seetharam vs B.U. Papamma And Anr.
- Citation / case number
- AIR 2001 SUPREME COURT 2182
- Court
- Supreme Court of India
- Petitioner
- K. Seetharam
- Respondent
- B.U. Papamma And Anr.
- Bench
- D.P. Mohapatra, Shivaraj V. Patil
Judgment text excerpt
The Karnataka High Court held that the trial court erred in dismissing the plaintiff's suit for permanent injunction under the principles of possession and trespass. The court found that the defendant admitted in his written statement that he was not claiming any right over the plaintiff's property, thus establishing the plaintiff's lawful possession. The High Court set aside the trial court's judgment and decreed the suit in favor of the plaintiff, emphasizing that the suit should have been decreed without a trial based on the admissions made by the defendant.