Supreme Court of India · 2003-08-26
DEVA (DEAD) THR.LRS. vs SAJJAN KUMAR(DEAD) BY LRS.
- Citation / case number
- SC 1996/77515
- Court
- Supreme Court of India
- Petitioner
- DEVA (DEAD) THR.LRS.
- Respondent
- SAJJAN KUMAR(DEAD) BY LRS.
- Bench
- SHIVARAJ V. PATIL & D.M. DHARMADHIKARI.
Judgment text excerpt
The Supreme Court upheld the High Court's decision to reverse the trial court's dismissal of the plaintiff's suit for possession of land under Section 100 of the Code of Civil Procedure. The Court found that the defendant's admission negated his claim of adverse possession, as he acknowledged knowledge of the encroachment only after the suit was filed. The Court affirmed that the High Court acted within its jurisdiction to correct the lower courts' oversight regarding this crucial evidence, thus allowing the plaintiff's claim for possession.